Evans v. Durango Land & Coal Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. This was a suit at law brought in the district court of Gunnison county, Colo., by Roger C. Evans, R. G. Carlisle, John Tetard, and Sprigg Shackleford, the plaintiffs in error, against the Durango Land & Coal Company, John A. Porter, William A. Bell, James H. Barlow, and William J. Palmer, the defendants in error, to recover the value of certain coal alleged to have been mined and removed from…
Read the full summary
In Error to the Circuit Court of the United States for the District of Colorado. This was a suit at law brought in the district court of Gunnison county, Colo., by Roger C. Evans, R. G. Carlisle, John Tetard, and Sprigg Shackleford, the plaintiffs in error, against the Durango Land & Coal Company, John A. Porter, William A. Bell, James H. Barlow, and William J. Palmer, the defendants in error, to recover the value of certain coal alleged to have been mined and removed from certain lands situated in Gunnison county, Colo. The suit presents another phase of the controversy which was considered…
1Opinion of the CourtThayer, Circuit Judge
The motion to remand the case to the state court appears to have been properly overruled. If the plaintiffs had contented themselves, as they might have done, with the simple averment that they were the owners of the land in controversy, and that the defendants had wrongfully entered upon said lands, and unlawfully removed coal therefrom, to the plaintiffs’ damage in a certain sum, it is doubtless true that the complaint would not have disclosed a federal question, and, under repeated decisions, the venue could not have been changed *436to the federal court. Tennessee v. Union & Planters’ Bank,…
2Cases cited20 opinions
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
- Postal Telegraph Cable Co. v. AlabamaSupreme Court of the United States · 1894
- Shepley v. CowanSupreme Court of the United States · 1876
- Louisville & Nashville Railroad v. IdeSupreme Court of the United States · 1885
- Pirie v. TvedtSupreme Court of the United States · 1885
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sutcliffe Storage & Warehouse Co. v. United StatesCourt of Appeals for the First Circuit · 1947
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- Jackson v. Gates Oil Co.Court of Appeals for the Eighth Circuit · 1924
- Florida C. & P. R. Co. v. BellCourt of Appeals for the Fifth Circuit · 1898
- Rissman v. Krenn & Dato Construction Co.Court of Chancery of Delaware · 1938
5 more not listed; retrieve them via the Exa API.