Original Consol Mining Co. v. Abbott
U.S. Circuit Court for the District of Montana
In Equity. The Original Consolidated Mining Company, a corporation of the state of Washington, on January 26, 1905, brought its bill as complainant against Wheelock H. Abbott, a citizen of the state of Montana, as defendant, alleging, in substance, that it is the owner in fee, in the possession, and entitled to the possession of the Steward lode mining claim, located in Silver Bow county, Mont., patent for which the United States had issued, on May 29, 1879, to the…
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In Equity. The Original Consolidated Mining Company, a corporation of the state of Washington, on January 26, 1905, brought its bill as complainant against Wheelock H. Abbott, a citizen of the state of Montana, as defendant, alleging, in substance, that it is the owner in fee, in the possession, and entitled to the possession of the Steward lode mining claim, located in Silver Bow county, Mont., patent for which the United States had issued, on May 29, 1879, to the predecessors in interest of the 'complainant; that ever since said date comida inant and its predecessors in interest have been…
1Opinion of the CourtHunt, District Judge
(after stating the facts as above). My opinion is that the court has jurisdiction of the suit, and can determine the merits. Such a ruling can safely be put upon the ground that the defendant, having filed a cross-bill alleging possession in himself, and praying for equitable relief, has waived the question of jurisdiction. Small v. Peters (C. C.) 104 Fed. 401; Mining Company v. Mining Company (C. C.) 139 Fed. 838; Radcliffe v. Scrubbs, 46 Ark. 96; *683Bates on Fed. Equity Procedure, § 386; Lowenstein v. Glidewell, Fed. Cas. No. 8,575; Daniell’s Ch. Plead. & Prac. § 1553; Brown v. Lake Superior…
2Cases cited12 opinions
- Brown v. Lake Superior Iron Co.Supreme Court of the United States · 1890
- Deputron v. YoungSupreme Court of the United States · 1890
- Radcliffe v. ScruggsSupreme Court of Arkansas · 1885
- Holtzman v. DouglasSupreme Court of the United States · 1897
- Bond v. O'GaraMassachusetts Supreme Judicial Court · 1900
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3Cited by3 opinions
- American Surety Co. of New York v. American Mills Co.District Court, S.D. New York · 1920
- Kelley v. United StatesCourt of Appeals for the Ninth Circuit · 1929
- Kelley v. United StatesCourt of Appeals for the Ninth Circuit · 1929