Tyler Min. Co. v. Sweeney
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Idaho. This cause was tried before the circuit court, a .jury having been waived by stipulation of the parties, as provided by section l>49 of the Revised Statutes, upon an agreed statement of facts, as follows: “First.
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In Error to the Circuit Court of the United States for the District of Idaho. This cause was tried before the circuit court, a .jury having been waived by stipulation of the parties, as provided by section l>49 of the Revised Statutes, upon an agreed statement of facts, as follows: “First. That the Tyler Mining Company is the owner of the Tyler mining claim, as descilbed in the fourth paragraph of the complaint, and tlio said Tyler mining claim, of which the ground so described is a part, was located on September 20, 1885, and has been duly conveyed to the plaintiff in this action. Second.…
1Opinion of the CourtHawley, District Judge
(after stating the facts as above). This is an action in ejectment to recover that portion of the Tyler lode which is alleged to have its apex inside the Tyler location, and to extend on its dip southerly beyond the surface side line of the Tyler claim, and for damages. It was brought against several individual defendants and three different mining corporations, namely, tlie Last Chance Mining Company, the Idaho Mining Company, and the Eepublican Alining Company. It has been dismissed as to the individual defendants. At the iirst trial in the circuit court, judgment was rendered in favor of…
2Cases cited22 opinions
- Russell v. FarleySupreme Court of the United States · 1882
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Canter v. American InsuranceSupreme Court of the United States · 1830
- Du Bois v. KirkSupreme Court of the United States · 1895
- Wood v. WeimarSupreme Court of the United States · 1881
17 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Last Chance Min. Co. v. Bunker Hill & S. Mining & Concentrating Co.Court of Appeals for the Ninth Circuit · 1904
- Tyler Min. Co. v. Last Chance Min. Co.Court of Appeals for the Ninth Circuit · 1898
- United States v. Minneapolis, St. P. & S. S. M. Ry. Co.District Court, D. Minnesota · 1916
- Anaconda Copper Min. Co. v. Pilot Butte Min. Co.Montana Supreme Court · 1915
- West v. East Coast Cedar Co.Court of Appeals for the Fourth Circuit · 1902
2 more not listed; retrieve them via the Exa API.