Dimick v. Shaw
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. - This is an appeal from an interlocutory order granting a temporary injunction restraining appellants from in any manner working the property known as the “Independent Mine,” and from extracting or removing ores therefrom, or removing or selling any ores, until the final determination of the cause.
Read the full summary
Appeal from the Circuit Court of the United States for the District of Colorado. - This is an appeal from an interlocutory order granting a temporary injunction restraining appellants from in any manner working the property known as the “Independent Mine,” and from extracting or removing ores therefrom, or removing or selling any ores, until the final determination of the cause. The bill charges that the appellee is the owner of a certain large tract known as the “Baca Grant No. Four,” his title thereto having lately been determined by the supreme court of the United States in the cause of…
1Opinion of the Court
CALDWELL, Circuit Judge.
The answer challenging the ap-pellee’s title, and setting up an adverse superior title, is merely an effort to retry Hie question settled by the judgment of the supreme court in the case of Shaw v. Kellogg, supra. It requires no citation of authorities to sustain the proposition of appellee’s counsel that a person going upon property by permission of a party while a suit in relation to the title of that property is pending, cannot, after that suit has been determined in favor of his licensor, litigate the title over again on the same lines. The only question raised by…
2Cases cited18 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Erhardt v. BoaroSupreme Court of the United States · 1885
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- California Development Co. v. New Liverpool Salt Co.Court of Appeals for the Ninth Circuit · 1909
- Kerr v. City of New OrleansCourt of Appeals for the Fifth Circuit · 1903
- United States v. Denver & R. G. R.U.S. Circuit Court for the District of Colorado · 1911
- Mitchell v. Big Six Development Co.U.S. Circuit Court for the District of Missouri · 1911
- Big Six Development Co. v. MitchellCourt of Appeals for the Eighth Circuit · 1905
2 more not listed; retrieve them via the Exa API.