Cosmos Exploration Co. v. Gray Eagle Oil Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the JJnited States for the Southern District of California. The bill of complaint in the Pacific Land & Improvement Company against the Elwood Oil Company alleges, in substance: That the selection by complainant's predecessor in interest, one J. It.
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Appeal from the Circuit Court of the JJnited States for the Southern District of California. The bill of complaint in the Pacific Land & Improvement Company against the Elwood Oil Company alleges, in substance: That the selection by complainant's predecessor in interest, one J. It. Johnston, on the 23d day of December, 1899, under the act of congress of June 4, 1897, entitled “An act, mate?> ing appropriations for sundry civil expenses of the government for the fiscal year ending June 30, 1898, and fr other purposes,” of the E. ⅛ of the S. W.t ¾ of section 4 in township 29 S., range 38 E„ M.…
1Opinion of the CourtHawley, District Judge
The legal questions involved in these cases on appeal are identical. The facts are substantially the same. There is no difference between them, so far as the demurrer to the bill is concerned, except in two particulars. The demurrer in the Pacific Land & Improvement case makes as one of its objections to the bill that it is multifarious. ■ No such objection is urged against the bill in the Cosmos Exploration case. In the Pacific Land & Improvement case there was no amended application made in the land office. Tt stands upon the single application made on the 23d day of December, 1899.…
2Cases cited87 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Knight v. United States Land Assn.Supreme Court of the United States · 1891
- Whitehead v. ShattuckSupreme Court of the United States · 1891
- Holland v. ChallenSupreme Court of the United States · 1884
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
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3Cited by43 opinions
- Skf USA Inc. v. United StatesUnited States Court of International Trade · 2004
- Standard Oil Co. of California v. United StatesCourt of Appeals for the Ninth Circuit · 1940
- Pankey v. OrtizNew Mexico Supreme Court · 1921
- McLemore v. Express Oil Co.California Supreme Court · 1910
- United States v. MaidDistrict Court, S.D. California · 1902
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