Southern Pac. R. v. United States
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Southern District of California. This is a bill in equity, brought by the United States against the Southern Pacific Railroad Company and the trustees in certain mortgages, to secure bonds issued by said company, and against numerous other defendants to determine the title to over 30,000 acres of land situate within the limits of the grant to the Southern Pacific Railroad by the act of Biarch 3, 1871, e. 109, 16…
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Appeal from the Circuit Court of the United States for the Southern District of California. This is a bill in equity, brought by the United States against the Southern Pacific Railroad Company and the trustees in certain mortgages, to secure bonds issued by said company, and against numerous other defendants to determine the title to over 30,000 acres of land situate within the limits of the grant to the Southern Pacific Railroad by the act of Biarch 3, 1871, e. 109, 16 Stat. 473, which were excepted from such grant by reason of a prior grant to and reservation for the Atlantic & Pacific…
1Opinion of the CourtHawley, District Judge
(after making the foregoing statement). The points of contention specified by appellant in its brief are three:
“(1) The case proved shows no ground of equity jurisdiction.
“(2) The case proved shows no cause of action at law, and herein the court erred in rendering any judgment for money in favor of complainant.
“(3) The splitting of demands by voluntary dismissal of part thereof from suit No. 600 is a bar to tins suit, and all other issues here are res judicata by decrees in the other former suits set forth in the bill of complaint.”
The broad contention of appellant is that the suit is simply…
2Cases cited36 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Scott v. NeelySupreme Court of the United States · 1891
- Joy v. St. LouisSupreme Court of the United States · 1891
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3Cited by11 opinions
- National Bank of Commerce v. Equitable Trust Co.Court of Appeals for the Eighth Circuit · 1915
- United States v. DuignanCourt of Appeals for the Second Circuit · 1925
- El Dora Oil Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1915
- Thomas v. South Butte Mining Co.Court of Appeals for the Ninth Circuit · 1916
- United States v. JonesCourt of Appeals for the Ninth Circuit · 1917
6 more not listed; retrieve them via the Exa API.