Legal Opinion

Hill v. Empire State-Idaho Mining & Developing Co.

U.S. Circuit Court for the District of Idaho

Decided January 24, 1908PublishedCited by 9 opinions

At Daw. On demurrer to amended complaint.

1Opinion of the Court

DIETRICH, District Judge.

By its demurrer, the defendant challenges the amended complaint upon three grounds: its sufficiency, its certainty, and the application of the statute of limitations. That a cause of action is stated I have no doubt; and the plaintiffs having, by amendment, substantially complied with the views expressed in the. decision on the demurrer to the original complaint, wherein it was suggested that certain features be pleaded with more directness and detail, there remains for consideration only the plea of the statute of limitations.

It is contended by the defendant that the…

2Cases cited11 opinions

  1. WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
  2. Hicks v. DrewCalifornia Supreme Court · 1897
  3. Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1891
  4. St. Louis, Iron Mountain & Southern Railway v. BiggsSupreme Court of Arkansas · 1889
  5. Prentiss v. WoodMassachusetts Supreme Judicial Court · 1882

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
  2. Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
  3. Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1934
  4. Erceg v. Fairbanks Exploration Co.Court of Appeals for the Ninth Circuit · 1938
  5. Rogers v. Oregon-Washington Railroad & Navigation Co.Idaho Supreme Court · 1916

4 more not listed; retrieve them via the Exa API.

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