Legal Opinion
Sharum v. Whitehead Coal Mining Co.
Court of Appeals for the Eighth Circuit
Decided April 14, 1915No. 4322PublishedCited by 2 opinions
Appeal from the District Court of the United States for the Eastern District of Oklahoma; Ralph E. Campbell, Judge. Suit in equity by A. H. Sharum against the Whitehead Coal Mining Company. Decree for defendant, and complainant appeals.
1Opinion of the Court
CARLAND, Circuit Judge.
This is an appeal from a judgment dismissing appellant’s amended bill on motion. The grounds of the motion are as follows:
“(1) Because said amended bill of complaint sets up a new and independent cause of action from that set up in the original bill of complaint, the said amended bill of complaint having changed the cause of action from a suit to cancel a lease to an Injunction enjoining the defendant from committing a trespass.
“(2) Because the complainant has a complete and adequate remedy at law, and this court has no power to grant the relief asked for in said…
2Cases cited13 opinions
- Lillibridge v. Lackawanna Coal Co.Supreme Court of Pennsylvania · 1891
- Consolidated Coal Co. v. SchmisseurIllinois Supreme Court · 1890
- Webber v. VogelSupreme Court of Pennsylvania · 1899
- Matulys v. Philadelphia & Reading Coal & Iron Co.Supreme Court of Pennsylvania · 1902
- State Security Bank v. HoskinsSupreme Court of Iowa · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Percy La Salle Mining & Power Co. v. Newman Mining, Milling & Leasing Co.District Court, D. Colorado · 1924
- Clark v. Louisville-Lafayette Coal Co.Supreme Court of Colorado · 1935