Christmas Gold Mining Co. v. Milliken
District Court, D. Colorado
In Equity. Suit by the Christmas Gold Mining Company against John T. Milliken and another. On motion to strike the cross-bill of defendant J. E. Bergeron.
1Opinion of the Court
POPE, District Judge.
The motion is to strike the cross-bill of J. E. Bergeron upon the ground that it was filed without leave of court. The motion must be denied. The cross-bill is by a party to the suit, and was filed seasonably — indeed, contemporaneously with the answer. Leave of court is not necessary under such circumstances. Neal v. Foster (C. C.) 34 Fed. 496; New York Co. v. Borough of North Arlington (N. J. Ch.) 75 Atl. 177; Beauchamp v. Putnam, 34 Ill. 379, 381; 1 Bates, Fed. Proc. § 381.
Certain expressions in Bronson v. Lacross Co., 2 Wall. 283, 17 L. Ed. 725, and Indiana Co. v.…
2Cases cited9 opinions
- Morgan's Louisiana & Texas Railroad & Steamship Co. v. Texas Central Railway Co.Supreme Court of the United States · 1890
- Bronson v. La Crosse & Milwaukie RailroadSupreme Court of the United States · 1864
- Huff v. BidwellCourt of Appeals for the Fifth Circuit · 1907
- Mercantile Trust Co. v. Missouri, K. & T. Ry. Co.U.S. Circuit Court for the District of Kansas · 1889
- Neal v. FosterUnited States Circuit Court · 1888
4 more not listed; retrieve them via the Exa API.