Empire State-Idaho Mining & Developing Co. v. Bunker Hill & S. Mining & Concentrating Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the District of Idaho. The appellee, the Bunker Hill & Sullivan Mining & Concentrating Company, a corporation, brought its bill in equity against the appellant, the Empire State-Idaho Mining & Developing Company, to quiet title to the Stemwinder lode mining claim in Shoshone county, Idaho.
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Appeal from the Circuit Court of the United States for the Northern Division of the District of Idaho. The appellee, the Bunker Hill & Sullivan Mining & Concentrating Company, a corporation, brought its bill in equity against the appellant, the Empire State-Idaho Mining & Developing Company, to quiet title to the Stemwinder lode mining claim in Shoshone county, Idaho. The controversy relates more particularly to extralateral rights, and it may be best explained by reference to the following diagram: The bill avers that the appellee owns and is in possession of the Stem-winder claim, the…
1Opinion of the CourtGilbert, Circuit Judge
It is assigned as error that the court overruled the plea which was filed by the appellant at the time of the hearing of the application for the injunction. The matter of the plea was, first, a former judgment between the two parties; and, second, another action pending. The plea of a former judgment alleges: That on September 29, 1898, an action at law was commenced by the appellee against the appellant and the Last Chance Mining Company, in which the appellee alleged that it owned the Stemwinder mining claim, together with the lode or vein above referred to, and on its downward course,…
2Cases cited14 opinions
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Hunnicutt v. PeytonSupreme Court of the United States · 1880
- Coosaw Mining Co. v. South CarolinaSupreme Court of the United States · 1892
- Gormley v. ClarkSupreme Court of the United States · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Last Chance Min. Co. v. Bunker Hill & S. Mining & Concentrating Co.Court of Appeals for the Ninth Circuit · 1904
- Kerr v. City of New OrleansCourt of Appeals for the Fifth Circuit · 1903
- United States Min. Co. v. DawsonCourt of Appeals for the Eighth Circuit · 1904
- Arizona Commercial Mining Co. v. Iron Cap Copper Co.Massachusetts Supreme Judicial Court · 1920
8 more not listed; retrieve them via the Exa API.