Book v. Justice Min. Co.
U.S. Circuit Court for the District of Nevada
. 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
- Shields v. BarrowSupreme Court of the United States · 1855
- Holland v. ChallenSupreme Court of the United States · 1884
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Reynes v. DumontSupreme Court of the United States · 1889
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
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3Cited by5 opinions
- Pacific Coal & Transportation Co. v. Pioneer Mining Co.Court of Appeals for the Ninth Circuit · 1913
- Elbing v. HastingsDistrict Court, D. Alaska · 1906
- Lombardo Turquoise Milling & Mining Co., Inc. v. HemanesDistrict Court, D. Nevada · 1977
- Nelson v. Lowndes CountyCourt of Appeals for the Fifth Circuit · 1899
- Smith Oyster Co. v. Darbee & Immel Oyster & Land Co.U.S. Circuit Court for the District of Northern California · 1906