Legal Opinion

Sullivan v. Iron Silver Mining Co.

Supreme Court of the United States

Decided February 29, 1892No. 7PublishedCited by 27 opinions

ERROR TO THE CIEeUIT COURT OF THE UNITED STATES FOB THE DISTRICT OF COLORADO. • This was an action- of ejectment, commenced in the Circuit Court of the United' States for the District of Colorado on the 5th day of March, 1883-, by the defendant in error.

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ERROR TO THE CIEeUIT COURT OF THE UNITED STATES FOB THE DISTRICT OF COLORADO. • This was an action- of ejectment, commenced in the Circuit Court of the United' States for the District of Colorado on the 5th day of March, 1883-, by the defendant in error. The complaint alleged that on the-first day of -January, 1883, plaintiff was the; owner and in possession of a tract of .land in Lake County, Colorado, known as the "Wells and Moyer placer claim,. consisting of 193 acres, the description of which was given . in full; that while so in possession, and on the 2d day of Jan: uary, 1883, the…

1Opinion of the CourtJustice Beewee

On the trial, the court took the case away from the jury, the only instruction it gave being as follows:

“ Under the opinión rendered by Judge McCrary in this case, it appears that the plaintiff is entitled to recover, the defendants’ location not having been made until .after the patent was issued, and we will enter'your verdict .for the plaintiff .in such form as counsel may present.”.' In this the District Judge trying the case simply followed the opinion theretofore expressed by the Circuit Judge, to the effect that location ivas necessary before a vein or lode could be adjudged a known…

2Cases cited6 opinions

  1. Belk v. MeagherSupreme Court of the United States · 1881
  2. Reynolds v. Iron Silver Mining Co.Supreme Court of the United States · 1886
  3. Noyes v. MantleSupreme Court of the United States · 1888
  4. Iron Silver Mining Co. v. ReynoldsSupreme Court of the United States · 1888
  5. Sullivan v. Iron Silver Mining Co.Supreme Court of the United States · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Burke v. Southern Pacific RailroadSupreme Court of the United States · 1914
  2. King v. McLean Asylum of the Massachusetts General HospitalCourt of Appeals for the First Circuit · 1894
  3. Migeon v. Montana Cent. Ry. Co.Court of Appeals for the Ninth Circuit · 1896
  4. A. Russo & Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1930
  5. Olive Land & Development Co. v. OlmsteadU.S. Circuit Court for the District of Southern California · 1900

22 more not listed; retrieve them via the Exa API.

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