Legal Opinion

Book v. Justice Min. Co.

U.S. Circuit Court for the District of Nevada

Decided November 27, 1893PublishedCited by 5 opinions

. In Equity. Suit by William Boole and W. H. Blowey against the Justice Mining Company to determine an adverse claim. On motion for a new trial.

1Opinion of the Court

HAWLEY, District Judge,

(orally.) Complainants move the court for a new trial; among other things, upon the ground that the case was an action- at law, and not a suit in equity, and should have been tried by a jury. Complainants’ position relative to the character of this suit is, to say the least, very inconsistent. It seems to be: (1) That, if they had won, it would have been an equity suit, and they would have been entitled to a decree; but, having lost the case upon its merits, it is an action at law, and they are entitled to a trial by jury. (2) The court had jurisdiction to enter a…

2Cases cited24 opinions

  1. Shields v. BarrowSupreme Court of the United States · 1855
  2. Holland v. ChallenSupreme Court of the United States · 1884
  3. Oelrichs v. SpainSupreme Court of the United States · 1872
  4. Reynes v. DumontSupreme Court of the United States · 1889
  5. Kilbourn v. SunderlandSupreme Court of the United States · 1889

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

3Cited by5 opinions

  1. Pacific Coal & Transportation Co. v. Pioneer Mining Co.Court of Appeals for the Ninth Circuit · 1913
  2. Elbing v. HastingsDistrict Court, D. Alaska · 1906
  3. Lombardo Turquoise Milling & Mining Co., Inc. v. HemanesDistrict Court, D. Nevada · 1977
  4. Nelson v. Lowndes CountyCourt of Appeals for the Fifth Circuit · 1899
  5. Smith Oyster Co. v. Darbee & Immel Oyster & Land Co.U.S. Circuit Court for the District of Northern California · 1906

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