Iron Silver Min. Co. v. Campbell
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. This was an action by Peter Campbell and others against the Iron Silver Mining Company for possession of certain real property. A judgment for plaintiffs was reversed on appeal to the supreme court, and a new trial ordered. 10 Sup. Ct. 765. On the new trial the jury found a verdict for plaintiffs, and judgment for them was entered thereon.
1Opinion of the CourtSanborn, Circuit Judge
Is the defeated party in an action for the recovery of the possession of real property entitled to a new trial as of right, under the Colorado statutes, after a second judgment has been rendered against him on the verdict of a jury in a case in which the first *933judgment to the same effect had been reversed, and a new trial granted for cause?
The statutes of Colorado provide that the distinct forms of actions and suits heretofore existing are abolished, and that eveiy action .shall he prosecuted in the name of the real party in interest. Colo. Code Civ. Proc. 1887, §§ 1, 3. Section 265, c. 23,…
2Cases cited11 opinions
- Miles v. CaldwellSupreme Court of the United States · 1865
- Equator Company v. HallSupreme Court of the United States · 1882
- Smale v. MitchellSupreme Court of the United States · 1892
- Indiana, Bloomington & Western Railway Co. v. McBroomIndiana Supreme Court · 1885
- Butterfield v. WalshSupreme Court of Iowa · 1868
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3Cited by3 opinions
- Shreve v. CheesmanCourt of Appeals for the Eighth Circuit · 1895
- Files v. DavisU.S. Circuit Court for the District of Eastern Arkansas · 1902
- Campbell v. Iron-Silver Min. Co.Court of Appeals for the Eighth Circuit · 1897