Williams v. Gaylord
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This suit was brought by the petitioner as trustee of a mortgage made by the Gold Hill Mining Company, a corporation, of West Yirginia, upon certain mining ground in the State of California. Subsequently to the execution of the mortgage the corporation, in the conduct of its mining operations in the State of California, became indebted to the respondents for materials, labor and supplies.
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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. This suit was brought by the petitioner as trustee of a mortgage made by the Gold Hill Mining Company, a corporation, of West Yirginia, upon certain mining ground in the State of California. Subsequently to the execution of the mortgage the corporation, in the conduct of its mining operations in the State of California, became indebted to the respondents for materials, labor and supplies. Mechanics’ and materialmen’s liens were filed by respondents and judgments obtained by them upon which executions were issued and the…
1Opinion of the CourtJustice McKenna
The Circuit Court and the Circuit Court of Appeals based their judgments upon the act of 1880 as construed by the Supreme Court of the State of California, regarding that construction as binding upon Federal tribunals. The conclusion is attacked by petitioner, and he urges the following propositions against it:
“ I. The decision of the Supreme Court of California, to the effect that judgment creditors may take advantage of the act of 1880, is not binding upon the Federal eourts either as constructive of that statute or determinative of a local rule of property.
“ II. The act of 1880 does not…
2Cases cited8 opinions
- Hooper v. CaliforniaSupreme Court of the United States · 1895
- Miles v. WoodwardCalifornia Supreme Court · 1896
- Curtin v. Salmon River Hydraulic Gold Mining & Ditch Co.California Supreme Court · 1900
- McShane v. CarterCalifornia Supreme Court · 1889
- Pekin Mining & Milling Co. v. KennedyCalifornia Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re James, Inc.Court of Appeals for the Second Circuit · 1929
- State Ex Rel. Weede v. Iowa Southern Utilities Co. of DelawareSupreme Court of Iowa · 1942
- Royal Consol. Mining Co. v. Royal Consol. Mines (Cal.) Co.California Supreme Court · 1910
- Western Air Lines, Inc. v. SobieskiCalifornia Court of Appeal · 1961
- Gillis v. Pan American Western Petroleum Co.California Supreme Court · 1935
12 more not listed; retrieve them via the Exa API.