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EQUATOR CO. V. HALL, 106 U. S. 86 (1882)

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U.S. Supreme Court

Equator Co. v. Hall, 106 U.S. 86 (1882)

Equator Company v. Hall

Decided November 13, 1882

106 U.S. 86

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF COLORADO

1. When judgment is rendered against either party to an action for the recovery of real property in Colorado, he is, without showing cause therefor, entitled by a provision of the Code of Civil Procedure of the state to one new trial.

2. That provision is binding on the courts of the United States sitting in Colorado.

This was an action brought by George W. Hall and Charles H. Marshall, against the Equator Mining and Smelting Company to recover possession of a silver mine in Colorado. At the December Term, 1878, of the court below, the case was by agreement of the parties submitted to the judge, who rendered a finding and a judgment in favor of the defendant. Thereupon the plaintiffs paid the costs of the suit up to that time, and under the provisions of sec. 254 of the Code of Civil Procedure of that state obtained a new trial without showing any cause. At the May Term, 1879, the case was submitted to a jury, and a verdict returned for the plaintiffs, on which judgment was entered on the 15th of July. The defendant then, without showing cause, moved for a new trial, which was claimed to be a matter of right under the same section. The judges were divided in opinion as to whether this new trial should be granted, and they certified that question to this Court.





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