Oolagah Coal Co. v. McCaleb
Court of Appeals for the Eighth Circuit
Appeal from the United States Court in the Indian Territory. This was a suit by the Oolagah Coal Company against A. F. Mc-Caleb, Grant Roberts, O. A. Schmoy, and O. D. Evans to restrain the defendants from mining coal on certain lands. The circuit court sustained a demurrer to the bill. Complainant appeals.
1Opinion of the Court
THAYER, Circuit Judge.
The appellant, the Oolagah Coal Company (hereafter termed the “Coal Company”), filed a bill against the appellees, A. F. McCaleb, Grant Roberts, C. A. Schmoy, and 0. D. Evans, in the United States court in the Indian Territory for the First judicial division and after due service of process the defendants appeared, and filed a general demurrer to the bill on the ground that “the said complaint does not state facts sufficient for a complaint.” The demurrer was sustained, and a final decree was thereupon entered, dismissing the bill, whereupon the plaintiff prayed for an…
2Cases cited8 opinions
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Jerome v. RossNew York Court of Chancery · 1823
- The West Point Iron. Co. v. . ReymertNew York Court of Appeals · 1871
- Clayton v. ShoemakerCourt of Appeals of Maryland · 1887
- Hammond v. WinchesterSupreme Court of Alabama · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- California Development Co. v. New Liverpool Salt Co.Court of Appeals for the Ninth Circuit · 1909
- Negaunee Iron Co. v. Iron Cliffs Co.Michigan Supreme Court · 1903
- Big Six Development Co. v. MitchellCourt of Appeals for the Eighth Circuit · 1905
- United States v. Standard Oil Company of CaliforniaDistrict Court, S.D. California · 1937
- Parker v. RileyCourt of Appeals for the Eighth Circuit · 1917
10 more not listed; retrieve them via the Exa API.