Rogers v. Penobscot Mining Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of South Dakota. These are appeals from two decrees in the same suit, one of which sustained the separate demurrer of the Penobscot Mining Company to the bill of the complainants and dismissed it, and the other of which sustained the separate demurrer of Alexander Maitland to the same bill and dismissed it.
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Appeal from the Circuit Court of the United States for the District of South Dakota. These are appeals from two decrees in the same suit, one of which sustained the separate demurrer of the Penobscot Mining Company to the bill of the complainants and dismissed it, and the other of which sustained the separate demurrer of Alexander Maitland to the same bill and dismissed it. The suit was brought by Rogers, Rosenthal, Thomas, and Maloney against Maitland and the Penobscot Mining Company, to compel Maitland to convey certain mining claims to the Penobscot Company, a corporation of South Dakota,…
1Opinion of the CourtSanborn, Circuit Judge
The demurrers of the defendants were separate. They were sustained on the merits and on the same ground — that the complainants did not show themselves to he either legal or equitable owners of stock of the Penobscot Company. The assignments of error specify this ruling alone. But counsel for the appellants contend that the court below was without jurisdiction of this case because the complainants were citizens, and the Penobscot Company was a corporation, of the state of South Dakota, and counsel for the appellees insist that the court was without jurisdiction because the defendants were not…
2Cases cited61 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Trist v. ChildSupreme Court of the United States · 1875
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Wormley v. WormleySupreme Court of the United States · 1823
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
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3Cited by70 opinions
- United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
- Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
- Morrison v. BurnetteCourt of Appeals for the Eighth Circuit · 1907
- Charles Resnik v. La Paz Guest RanchCourt of Appeals for the Ninth Circuit · 1961
- Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
65 more not listed; retrieve them via the Exa API.