Ennis-Brown Co. v. Central Pac. Ry. Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Suit in equity by the Ennis-Brown Company against the Central Pacific Railway Company and the Southern Pacific Company, with fifteen other eases. Decrees for defendants, and complainant appeals.
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Appeal from the District Court of the United States for the Second Division of the Northern District of California; Wm. C. Van Fleet, Judge. Suit in equity by the Ennis-Brown Company against the Central Pacific Railway Company and the Southern Pacific Company, with fifteen other eases. Decrees for defendants, and complainant appeals. The suit, above entitled and fifteen other similar suits consolidated with it were instituted for the purpose of quieting the alleged title of the appellant to certain lands in the city of Sacramento, Cal., lying between the west line -of Front street and the…
1Dissent
GILBERT, Circuit Judge.
I dissent from the opinion of the majority of this court on two grounds:
First. The defendants in the court below, the appellees here, answered the bill of complaint on the merits and asked for equitable relief, without raising any objection to the jurisdiction in equity on the *832ground of the existence of a remedy at law. The rule is well settled that, by thus answering in a case where it is competent for a court of equity to grant the relief sought, the defendant waives the objection that the plaintiff has a plain and adequate remedy at law. Southern Pac. R. Co. v.…
2Cases cited8 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1906
- Kindred v. Union Pacific RailroadSupreme Court of the United States · 1912
- Stuart v. Union Pacific RailroadSupreme Court of the United States · 1913
- Stuart v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1910
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