Montana Mining Co. v. St. Louis Mining & Milling Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The litigation between these parties has been protracted through a series of years. ’ A brief history will help to an understanding of the present questions. Prior to 1884 Charles Mayger had located the St. Louis lode claim in Lewis and Clarke County, Montana Territory, and William Robinson and others had located, adjoining thereto, the Nine Hour lode claim. These claims conflicted.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The litigation between these parties has been protracted through a series of years. ’ A brief history will help to an understanding of the present questions. Prior to 1884 Charles Mayger had located the St. Louis lode claim in Lewis and Clarke County, Montana Territory, and William Robinson and others had located, adjoining thereto, the Nine Hour lode claim. These claims conflicted. Mayger made application for a patent. Thereupon adverse proceedings were commenced by Robinson and his associates against Mayger in the District Court…
1Opinion of the CourtJustice Brewer
The first question is, of course, the one of jurisdiction. If the jurisdiction of the Circuit Court depended alone on diverse citizenship then, undoubtedly, the decision of the Court of Appeals was final, and the case could only be brought here on certiorari. On the other hand, if it did not depend alone on diverse citizenship, the decision of the Court of Appeals was not final, and the case is properly here on writ of error. The original complaint alleged the citizenship of the two corporations, plaintiff and defendant, but did not allege the citizenship of the individual defendants. In…
2Cases cited5 opinions
- Anderson v. WattSupreme Court of the United States · 1891
- Pullman's Palace Car Co. v. Central Transportation Co.Supreme Court of the United States · 1898
- James Conolly and Others v. Richard Taylor and OthersSupreme Court of the United States · 1829
- Richmond Mining Company v. Eureka Mining CompanySupreme Court of the United States · 1881
- Montana Min. Co. v. St. Louis Min. & Mill. Co. of MontanaCourt of Appeals for the Ninth Circuit · 1900
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- Mummelthie v. City of Mason City, IowaDistrict Court, N.D. Iowa · 1995
- Arizona Commercial Mining Co. v. Iron Cap Copper Co.Massachusetts Supreme Judicial Court · 1920
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