Old Jordan Mining & Milling Co. v. Société Anonyme Des Mines
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE TERRITORY OF UTAH. This was an action originally brought in the District Court for the Third Judicial District of the Territory of Utah by the Société Anonyme des Mines de Lexington, a French corporation, against the Old Jordan Mining and Milling Company, to recover one half the- expense of certain repairs made to a canal or water ditch owned by them in common.
Read the full summary
ERROR TO THE SUPREME COURT OF THE TERRITORY OF UTAH. This was an action originally brought in the District Court for the Third Judicial District of the Territory of Utah by the Société Anonyme des Mines de Lexington, a French corporation, against the Old Jordan Mining and Milling Company, to recover one half the- expense of certain repairs made to a canal or water ditch owned by them in common. The complaint alleged that, since the month of March, 1883, these parties had continuously been tenants in common, owning an equal undivided interest in a certain canal, known sometimes as the “…
1Opinion of the CourtJustice Brown
1. As the only error urged in the court below, or noticed in its opinion, turns upon the alleged insufficiency of the proof of the contract set up in the complaint, we shall confine our consideration of the case to that point, notwithstanding that other errors are assigned in this court, and, to some extent, noticed in the brief of the plaintiff in error. We have repeatedly held that the failure to present and insist upon errors assigned in the court below constitutes an. abandonment, or waiver, of all the errors so assigned, not vital to the question of jurisdiction, or the foundation of the…
2Cases cited2 opinions
- Montana Railway Co. v. WarrenSupreme Court of the United States · 1890
- San Pedro & Cañon Del Agua Co. v. United StatesSupreme Court of the United States · 1892
3Cited by11 opinions
- DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
- Youngberg v. Romeo Ex Rel. RomeoSupreme Court of the United States · 1982
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Duignan v. United StatesSupreme Court of the United States · 1927
- Aero Mayflower Transit Co. v. Georgia Public Service CommissionSupreme Court of the United States · 1935
6 more not listed; retrieve them via the Exa API.