Montana Mining Co. v. St. Louis Min. & Mill. Co. of Montana
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Montana. This was an action brought in the Circuit Court of the United States for the District of Montana by the St. Louis Mining & Milling Company, a Montana corporation, defendant in error, against' the Montana Mining Company.
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In Error to the Circuit Court of the United States for the District of Montana. This was an action brought in the Circuit Court of the United States for the District of Montana by the St. Louis Mining & Milling Company, a Montana corporation, defendant in error, against' the Montana Mining Company. Limited, a corporation organized under the laws of Great Britain, plaintiff in error, to recover damages for trespass upon a vein of mineral, the top or apex of which lies inside the surface lines of the St. Louis claim, but which vein in its downward course, departing from a perpendicular, crosses…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts). It is contended by the plaintiff in error that the judgment of this court entered October 8, 1902, set the entire case at large, and upon the second trial relieved it from the rule prevailing in the United States courts that whatever has been decided on one appeal or writ of error cannot be re-examined on a second appeal or writ of error brought in the same suit.
In appellate proceedings the rule ivas stated by the Supreme Court in Browder v. McArthur, 7 Wheat. 58, 5 L. Ed. 397, as follows:
“It was too lato to grant a rehearing in a cause, after it had been remitted…
2Cases cited23 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Chapman v. BarneySupreme Court of the United States · 1889
- Thompson v. Maxwell Land Grant & Railway Co.Supreme Court of the United States · 1897
- Roberts v. CooperSupreme Court of the United States · 1858
- Harvey v. TylerSupreme Court of the United States · 1865
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3Cited by12 opinions
- Kahle v. Crown Oil Co.Indiana Supreme Court · 1913
- Dunkley Co. v. Central California CanneriesCourt of Appeals for the Ninth Circuit · 1925
- Montana Mining Co. v. St. Louis Min. & Mill Co. of MontanaCourt of Appeals for the Ninth Circuit · 1910
- Beiseker v. MooreCourt of Appeals for the Eighth Circuit · 1909
- Truckee River General Electric Co. v. BennerCourt of Appeals for the Ninth Circuit · 1914
7 more not listed; retrieve them via the Exa API.