Butte & B. Consol. Min. Co. v. Montana Ore Purchasing Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the District of Montana. The plaintiff in error brought an action against the defendant in error in ejectment, and to recover damages upon three causes of action: First, for ■damages for trespass while the property was owned by the Butte & Boston Mining Company and its receivers, who were the predecessors in interest of the plaintiff in error; second, for damages for trespass while the property was owned by E. Rollins…
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In Error to the Circuit Court of the United States for the District of Montana. The plaintiff in error brought an action against the defendant in error in ejectment, and to recover damages upon three causes of action: First, for ■damages for trespass while the property was owned by the Butte & Boston Mining Company and its receivers, who were the predecessors in interest of the plaintiff in error; second, for damages for trespass while the property was owned by E. Rollins Morse, the successor in interest of the Butte & Boston Mining Company; and, third, for damages for trespass since May 3,…
1Opinion of the CourtGilbert, Circuit Judge
A motion is made to dismiss the writ upon the ground that the plaintiff in error attempts thereby to review a judgment which was rendered in its favor, and in which it acquiesced. The motion is based upon the fact that the judgment gives to the plaintiff in error the possession of the leased premises, subject to the lease, and damages-in the sum of $i, and that the judgment was entered upon the motion of the plaintiff in error. It is argued that a party who accepts the benefits of a judgment *526is estopped from prosecuting a proceeding to review the same. It is true that such an estoppel applies…
2Cited by9 opinions
- Paepcke-Leicht Lumber Co. v. TalleySupreme Court of Arkansas · 1913
- In re WoodCourt of Appeals for the Second Circuit · 1921
- Grant v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1927
- United States v. HammondDistrict Court, N.D. California · 1914
- Schmalstig v. TaftOhio Court of Appeals · 1919
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