BOSTON AND MONTANA CONSOLIDATED COPPER AND SILVER MINING COMPANY
v.
MONTANA ORE PURCHASING COMPANY

U.S. | 1903-02-23
No. 102
188 U.S. 645 Supreme Court of the United States (1903) Positive Treatment
Also reported at: 47 L. Ed. 634 · 23 S. Ct. 440 · 1903 U.S. LEXIS 1308 · SCDB 1902-082
Cited by 3 cases
Opinion of the Court
Mr. Justice Pecrham

Mr. Justice Pecrham delivered the opinion of the court.'

This case arises upon demurrer to the complainant’s complaint. The demurrer was sustained and the complaint dismissed, and judgment given for the defendants, and thereupon the circuit judge certified the question of jurisdiction to this court.

The action-was brought to recover $500,000-damages sustained by the plaintiff in error by reason of the wrongful taking of ore of that value from the mining claim of the plaintiff in error. Substantially the same averments are made in the complaint as in the case which immediately precedes and the questions involved are the same, excepting that the former is a suit in equity •and this is an action at law.

For the reasons stated in the opinion in No. 103, the judgment in this case is

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • United States v. Meyer, 113 F.2d 387 (7th Cir. 1940)
    …n v. City of Providence, 262 U.S. 668, 678, 43 S.Ct. 684, 67 L.Ed. 1167; Hays v. Port of Seattle, 251 U.S. 233, 238, 40 S.Ct. 125, 64 L.Ed. 243; Bragg v. Weaver, 251 U.S. 57, 62, 40 S.Ct. 62, 64 L.Ed. 135; Williams v. Parker, 188 U.S. 491, 502, 503, 23 S.Ct. 440, 47 L.Ed. 559; Adirondack Railway Co. v. State of New York, 176 U.S. 335, 349, 350, 20 S.Ct. 460, 44 L.Ed. 492; Sweet v. Rechel, 159 U.S. 380, 404, 16 S.Ct. 43, 40 L.Ed. 188; Cherokee Nation v. Southern Kansas Railway Co., 135 U.S. 641, 10 S.Ct. 965…
  • Knick v. Twp. of Scott, 139 S. Ct. 2162 (U.S. 2019)
  • Oakland Club v. S.C. Pub. Serv. Auth., 110 F.2d 84 (4th Cir. 1940)
    …rd, and review by a court if application were made in two years, was held to provide adequate security for compensation. Adirondack Ry. v. New York, 1900, 176 U.S. 335, 20 S.Ct. 460, 44 L.Ed. 492. Similarly in Williams v. Parker, 1903, 188 U.S. 491, 23 S.Ct. 440, 47 L.Ed. 559, a state statute authorizing the City of Boston to take possession prior to payment was upheld although the liability, but not the solvency, of the city was seriously qitestioned; and the Court refused to hold that adequate security fo…

Full citator, related cases, and AI research tools

Open in FLexlaw