Legal Opinion

Miller & Lux v. Rickey

District Court, D. Nevada

Decided July 6, 1903No. 731PublishedCited by 4 opinions

in Equity. On motions to strike demurrers and pleas in abatement from the files.

1Opinion of the Court

HAWLEY, District Judge.

This suit is brought by Miller & Lux against about 150 defendants, to restrain them from diverting certain waters. To the bill of complaint, the defendants Rickey and Simpson et al., appearing in different groups, interposed demurrers and also filed pleas in abatement. The complainant notified these defendants (1) that it would “move the court to strike from the files your demurrer *605to the bill of complaint herein on the ground that the same is overruled and waived by your plea and pleas to said bill filed therewith,” and (2) that it would also “move the court to strike…

2Cases cited24 opinions

  1. United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
  2. The State of Rhode Island v. the State of MassachusettsSupreme Court of the United States · 1840
  3. Farley v. KittsonSupreme Court of the United States · 1887
  4. Grant v. Phœnix Life InsuranceSupreme Court of the United States · 1887
  5. Hook v. WhitlockNew York Court of Chancery · 1831

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3Cited by4 opinions

  1. Commodores Point Terminal Co. v. HudnallDistrict Court, S.D. Florida · 1922
  2. Miller & Lux v. RickeyU.S. Circuit Court for the District of Nevada · 1906
  3. Jahn v. Champagne Lumber Co.U.S. Circuit Court for the District of Western Wisconsin · 1907
  4. Sims v. United Wireless Telegraph Co.U.S. Circuit Court for the District of New Jersey · 1910

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