Eisele v. Oddie
U.S. Circuit Court for the District of Nevada
Action to Recover Damages for Wrongful and Unlawful Acts and Injuries. ■ The amended complaint avers: That plaintiff is a citizen of California, having his domicile in Inyo county, in that state. That defendants are citizens and residents of the State of Nevada.
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Action to Recover Damages for Wrongful and Unlawful Acts and Injuries. ■ The amended complaint avers: That plaintiff is a citizen of California, having his domicile in Inyo county, in that state. That defendants are citizens and residents of the State of Nevada. That the matter in controversy in this action, exclusive of interest and costs, exceeds in value the sum of $2,000. That on the. 20th. of January, 1902, at Tonopah, Nye county, this plaintiff was in the actual and peaceable possession of lot No.. 11 in block D, a certain tent and other improvements upon said lot, together with certain…
1Opinion of the CourtHawkey, District Judge
(orally). It is claimed by defendants that plaintiff cannot maintain this action. This contention is based solely upon the ground that the testimony offered on behalf of plaintiff is wholly insufficient to sustain the action. The specific grounds of this contention are: (i) That diverse citizenship has not been established; (2) that the action cannot be sustained as an action of forcible entry; (3) that it cannot be sustained as an action in trespass quare clausum fregit. In connection with these points it is argued that the plaintiff’s own evidence shows “that he had abandoned his…
2Cases cited28 opinions
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Mitchell v. United StatesSupreme Court of the United States · 1875
- Robertson v. CeaseSupreme Court of the United States · 1878
- Anderson v. WattSupreme Court of the United States · 1891
- Parker v. OvermanSupreme Court of the United States · 1856
23 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Stadtmuller v. MillerCourt of Appeals for the Second Circuit · 1926
- Harding v. Standard Oil Co.U.S. Circuit Court for the Northern District of Illnois · 1910
- Jackson v. BohlinAlabama Court of Appeals · 1917