Doctor Jack Pot Mining Co. v. Marsh
District Court, D. Colorado
At Law. Two actions by the Doctor Jack Pot Mining Company against Frank R. Marsh and others and against A. E. Humphreys, respectively. On motions to strike, and demurrers to the complaint.
1Opinion of the Court
LEWIS, District Judge.
In each of these actions the plaintiff asks for damages on account of trespasses quare clausum fregit. The premises charged to have been entered is a vein or lode of precious ore. There are two counts in each complaint, but for the purposes presently to be considered they are identical. The defendants have moved to strike certain allegations found in each count, which are to the effect that in 1909 plaintiff filed in this court an action against the Work Mining and Milling Company, the defendants’ lessor, wherein the plaintiff claimed to be the owner of said vein or…
2Cases cited12 opinions
- Old Colony Trust Co. v. City of OmahaSupreme Court of the United States · 1913
- Dull v. BlackmanSupreme Court of the United States · 1898
- Spencer v. DearthSupreme Court of Vermont · 1870
- Town of Canaan v. Greenwoods Turnpike Co.Supreme Court of Connecticut · 1814
- Kolb v. SwannCourt of Appeals of Maryland · 1888
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3Cited by4 opinions
- Chase National Bank v. City of NorwalkSupreme Court of the United States · 1934
- Hawkeye Life Insurance v. Valley-Des Moines Co.Supreme Court of Iowa · 1935
- Roberts v. FriedellSupreme Court of Minnesota · 1944
- In re the Commercial Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1939