Heinze v. Butte & B. Consol. Min. Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Montana. On October 6, 1897, the Butte & Boston Consolidated Mining Company, as complainant, filed a bill in equity against John F. Forbis, as executor of the last will and testament of William J. McNamara, deceased, John McNamara, the Old Colony Trust Company, and others, for the purpose of obtaining partition of the Snohomish and Tramway quartz lodes; the complainant alleging itself to be the owner of…
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Appeal from the Circuit Court of the United States for the District of Montana. On October 6, 1897, the Butte & Boston Consolidated Mining Company, as complainant, filed a bill in equity against John F. Forbis, as executor of the last will and testament of William J. McNamara, deceased, John McNamara, the Old Colony Trust Company, and others, for the purpose of obtaining partition of the Snohomish and Tramway quartz lodes; the complainant alleging itself to be the owner of one-half of the Snohomish and of two-thirds of the Tramway, and 'the defendants were alleged to be the owners of the…
1Opinion of the CourtGilbert, Circuit Judge
A motion is made to dismiss the appeal upon the ground that no appeal lies from the order from which it is attempted to be taken. The fight to appeal to the circuit court of appeals from an inter*167locutory order or decree was created by section 7 of tbe act which established the court. It was there provided—
“That where, upon a hearing- in equity in a district court, or in an existing circuit court, an injunction shall be granted or continued by an interlocutory order or decree, * * * an appeal may be taken from such interlocutory order or decree granting or continuing such injunction to the…
2Cases cited5 opinions
- American Construction Co. v. Jacksonville, Tampa & Key West Railway Co.Supreme Court of the United States · 1893
- In Re Tampa Suburban Railroad CompanySupreme Court of the United States · 1897
- Columbia Wire Co. v. BoyceCourt of Appeals for the Seventh Circuit · 1900
- Dreutzer v. Frankfort Land Co.Court of Appeals for the Sixth Circuit · 1895
- Texas Consol. Compress & Manufacturing Ass'n v. StorrowCourt of Appeals for the Fifth Circuit · 1899
3Cited by10 opinions
- Worthington v. District Court of the Second Judicial DistrictNevada Supreme Court · 1914
- Minnesota & M. Land & Improvement Co. v. City of BillingsCourt of Appeals for the Ninth Circuit · 1901
- Berliner Gramophone Co. v. SeamanCourt of Appeals for the Fourth Circuit · 1902
- United States Smelting Refining & Mining Co. v. LoweDistrict Court, D. Alaska · 1947
- Federal Trade Commission v. Jantzen, Inc.Court of Appeals for the Ninth Circuit · 1966
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