Cole Silver Min. Co. v. Virginia & Gold Hill Water Co.
U.S. Circuit Court for the District of Nevada
In equity. Application for preliminary injunction heard on bill and affidavits. Complainant is a corporation, organized for the purpose of mining for silver. Its grantors took up a ledge supposed to contain silver ores, situate on the side of the mountain, above Virginia City.
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In equity. Application for preliminary injunction heard on bill and affidavits. Complainant is a corporation, organized for the purpose of mining for silver. Its grantors took up a ledge supposed to contain silver ores, situate on the side of the mountain, above Virginia City. Complainant excavated a tunnel, commencing in a ravine some distance below tbe croppings of its ledge, On the surface of the mountain, and extended it into tbe mountain to and through its ledge at a considerable depth below tbe surface. In excavating the tunnel, complainant struck a seam in the rock, from which flowed a…
1Opinion of the Court
SAWTEIt, Circuit Judge.
As to the question of jurisdiction, the defendant, Glauber, has never been served, and he has not appeared. The bill shows that he is a resident of California, so that he cannot be served, and the court cannot acquire jurisdiction of him in the action unless he voluntarily appears. Although named in the bill, with a prayer that process issue, and he be made a defendant, yet, he is, substantially, not a party to the action until he is served, or till he appears.
The twenty-second and forty-seventh equity rules do not seem to contemplate that a person can be a party, in…
2Cases cited4 opinions
- Chester Glass Co. v. DeweyMassachusetts Supreme Judicial Court · 1819
- Natoma Water & Mining Co. v. ClarkinCalifornia Supreme Court · 1860
- Farmers' & Millers' Bank of Milwaukee v. Detroit & Milwaukee RailroadWisconsin Supreme Court · 1863
- Taymon v. MitchellHigh Court of Chancery of Maryland · 1849
3Cited by2 opinions
- General Inv. Co. v. Lake Shore & M. S. Ry. Co.Court of Appeals for the Sixth Circuit · 1918
- Martin v. ChandlerDistrict Court, S.D. New York · 1949