Legal Opinion

Boston & Montana Consolidated Copper & Silver Mining Co. v. Montana Ore Purchasing Co.

Supreme Court of the United States

Decided February 23, 1903No. 103PublishedCited by 70 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MONTANA. . The appellant in this case (being the complainant below) has brought it to this court by an appeal from the judgment of the Circuit Court of the United States for the District of Montana dismissing its complaint and ordering judgment for the defendants on the ground that the court had no jurisdiction of the action.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MONTANA. . The appellant in this case (being the complainant below) has brought it to this court by an appeal from the judgment of the Circuit Court of the United States for the District of Montana dismissing its complaint and ordering judgment for the defendants on the ground that the court had no jurisdiction of the action. A decree having been entered in accordance with the direction of the court dismissing the bill, the Circuit Court has certified to this court the question of jurisdiction, and .whether or not a…

1Opinion of the CourtJustice Peckham

It is quite plain that the various averments contained in the complainant’s bill for the purpose of showing jurisdiction in the Circuit Court are wholly unnecessary in order to make out complainant’s cause of action for the conversion of ore by the defendants on premises belonging to complainant. To make out a prima facie case on the part of complainant, so far as its right to the ore in question is concerned, all that was necessary was to show the patent and the complainant’s possession under it, and from such patent and possession the presumption would be that the complainant was the owner…

2Cases cited8 opinions

  1. Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
  2. Whitehead v. ShattuckSupreme Court of the United States · 1891
  3. Shoshone Mining Co. v. RutterSupreme Court of the United States · 1900
  4. Arkansas v. Kansas & Texas Coal Co.Supreme Court of the United States · 1901
  5. Blackburn v. Portland Gold Mining Co.Supreme Court of the United States · 1900

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3Cited by70 opinions

  1. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
  2. Taylor v. AndersonSupreme Court of the United States · 1914
  3. Boise Artesian Hot & Cold Water Co. v. Boise CitySupreme Court of the United States · 1909
  4. Doucette v. VincentCourt of Appeals for the First Circuit · 1952
  5. Hopkins v. WalkerSupreme Court of the United States · 1917

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

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