Legal Opinion

Seymour v. Slide & Spur Gold Mines

Supreme Court of the United States

Decided May 14, 1894No. 263PublishedCited by 12 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. This was an action in the nature of an action of ejectment, commenced October 18, 1889, by the Slide and Spur Gold Mines, (Limited,) in the Circuit Court of the United States for the District of Colorado, to recover the possession of the mining properties which were the subject of the controversy in the case just decided, wherein said company was appellant, and Ellen E. Seymour, the wife of…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. This was an action in the nature of an action of ejectment, commenced October 18, 1889, by the Slide and Spur Gold Mines, (Limited,) in the Circuit Court of the United States for the District of Colorado, to recover the possession of the mining properties which were the subject of the controversy in the case just decided, wherein said company was appellant, and Ellen E. Seymour, the wife of defendant, and William G. Pell, were appellees. The complaint was in the ordinary form, alleging that the plaintiff was seized…

1Opinion of the CourtJustice Brewer

The pleadings put in issue all questions of fact. Outside of the pleadings the only matter before the jury was a deposition of the defendant, taken in a prior litigation between the same parties. In that deposition he admitted that he had been in possession of the property as a managing director; that he at no time denied the right of the company to the possession of the property, and that his term as managing, director had expired. There was nothing in the deposition to qualify this admission. There was, therefore, no impropriety in the court’s directing a verdict for the plaintiff. Jackson…

2Cases cited2 opinions

  1. Fritts v. PalmerSupreme Court of the United States · 1889
  2. Phelan v. KelleyNew York Supreme Court · 1841

3Cited by12 opinions

  1. Gold Issue Mining & Milling Co. v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
  2. Mutual Life Ins. Co. v. . StephensNew York Court of Appeals · 1915
  3. Nebraska Power Co. v. KoenigNebraska Supreme Court · 1913
  4. Chattanooga, R. & C. R. v. EvansCourt of Appeals for the Sixth Circuit · 1895
  5. American Building & Loan Ass'n v. RainboltNebraska Supreme Court · 1896

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