United States v. Bitter Root Development Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The appellant filed this bill of complaint'in the Circuit Court of the United States for the District of Montana, on the equity side of the court, for the purpose of recovering from the defendants the value of certain timber, alleged to have been wrongfully- cut and 1 aken by the defendants and converted'to their own use from tfie public lands belonging to" the complainant -in the State of Montana.
Read the full summary
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The appellant filed this bill of complaint'in the Circuit Court of the United States for the District of Montana, on the equity side of the court, for the purpose of recovering from the defendants the value of certain timber, alleged to have been wrongfully- cut and 1 aken by the defendants and converted'to their own use from tfie public lands belonging to" the complainant -in the State of Montana. The defendants, those of them who appeared, demufred to the bill on the ground, among others, that a court of equity had no…
1Opinion of the CourtJustice Peckham
Although there is a liberal use in the bill in this, case of averments in regard to fraud, conspiracy and violation of trust, nf which the pleader avers the defendants have been guilty,; in various ways, yet upon a careful examination of the pleading itself, and the actual facts therein stated, we concur in the view of the courts below, that the action is really nothing but an action of trespass or trover to recover damages sustained by the complainant by reason of the wrongful cutting, carrying away and conversion of the property of the complainant, consisting of the timber on the land…
2Cases cited9 opinions
- Scott v. NeelySupreme Court of the United States · 1891
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
- Buzard v. HoustonSupreme Court of the United States · 1886
- Tyler v. SavageSupreme Court of the United States · 1892
- Newton v. . PorterNew York Court of Appeals · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Sinclair Refining Co. v. Jenkins Petroleum Process Co.Supreme Court of the United States · 1933
- Schoenthal v. Irving Trust Co.Supreme Court of the United States · 1932
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Equitable Life Assurance Society of the United States v. BrownSupreme Court of the United States · 1909
- Schank v. . SchuchmanNew York Court of Appeals · 1914
92 more not listed; retrieve them via the Exa API.