Republican Min. Co. v. Tyler Min. Co.
Court of Appeals for the Ninth Circuit
' In Error to the Circuit Court of the United States for the Dis-i rict of Idaho. This cause was tried before ihe circuit court, a jury having been waived by stipulation of the parties, as provided by section 649 of the Revised Statutes, upon an agreed statement of facts, which will he found In Mining Co. v. Sweeney. 79 Fed. 277, to which reference is here made.
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' In Error to the Circuit Court of the United States for the Dis-i rict of Idaho. This cause was tried before ihe circuit court, a jury having been waived by stipulation of the parties, as provided by section 649 of the Revised Statutes, upon an agreed statement of facts, which will he found In Mining Co. v. Sweeney. 79 Fed. 277, to which reference is here made. The portion which relates particularly to this case, and is not copied in that case, is as follows: “It is further agreed that the Republican Fraction mining claim was duly located on the 1st day of November. 1885, and that the said…
1Opinion of the CourtHawley, District Judge
(after stating the facts). It is claimed that the court erred, among other things, in finding, as a conclusion of law:
“That the plaintiff, the Tyler Mining Company, is entitled to judgment against the Idaho Mining Company and the Republican Mining Company for the possession. of those certain premises described in the complaint and in the agreed statement of facts, to wit, that certain ledge or vein in x>laee bearing valuable minerals, having its outcrop and apex within the limits of the Tyler mining claim, as described in said agreed statement of facts, with the right to follow, as against…
2Cases cited11 opinions
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- The Santa MariaSupreme Court of the United States · 1825
- Iron Silver Mining Co. v. Elgin Mining & Smelting Co.Supreme Court of the United States · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Montana Mining Co. v. St. Louis Min. & Mill. Co. of MontanaCourt of Appeals for the Ninth Circuit · 1906
- Silver Surprize, Inc. v. Sunshine Mining Co.Court of Appeals of Washington · 1976
- State ex rel. Garcia v. Board of Com'rsNew Mexico Supreme Court · 1917
- Mutual Reserve Fund Life Ass'n v. BeattyCourt of Appeals for the Ninth Circuit · 1899
- Fisher v. Bank of America Nat. Trust & Savings Ass'nCourt of Appeals for the Ninth Circuit · 1934
1 more not listed; retrieve them via the Exa API.