Rutter v. Shoshone Min. Co.
U.S. Circuit Court for the District of Idaho
This was a suit by Koval J. Rutter and F. W. Bradley against the Shoshone Mining Company to determine an adverse claim to mining land. The cause; was heard upon demurrer to the complaint.
1Opinion of the Court
BEATTY, District Judge.
This action is in pursuance of section 2326, Rev. St., and is based upon an adverse claim by complainant to the application of defendant for patent to mining ground. All except two of the several causes of demurrer to the original complaint are cured by the amended complaint, which complainants are permitted to file. In the remaining causes are involved the questions (1) whether such suits arise under the laws of the United States, and (2) whether they are at law or in equity.
It seems settled by the authority of several circuit court decisions that such cases are within…
2Cases cited4 opinions
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Bushnell v. Crooke Mining & Smelting Co.Supreme Court of the United States · 1893
- Doe v. Waterloo Min. Co.U.S. Circuit Court for the District of Southern California · 1890
- Burke v. Bunker Hill & S. Mining & Concentrating Co.U.S. Circuit Court for the District of Idaho · 1891
3Cited by6 opinions
- Shoshone Min. Co. v. RutterCourt of Appeals for the Ninth Circuit · 1898
- California Oil & Gas Co. of Arizona v. MillerU.S. Circuit Court for the District of Southern California · 1899
- Providence Gold Mining Co. v. BurkeArizona Supreme Court · 1899
- Lily Mining Co. v. KelloggUtah Supreme Court · 1903
- Allen v. MyersDistrict Court, D. Alaska · 1901
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