South Spring Hill Gold Min Co v. Amador Medean Gold Min Co

• Court: U.S. Supreme Court
• Writing for the Court: FULLER
• Citation: South Spring Hill Gold Min Co v. Amador Medean Gold Min Co, 145 U.S. 300, 12 S.Ct. 921, 36 L.Ed. 712 (1892)
• Decision Date: 16 May 1892
• Parties: SOUTH SPRING HILL GOLD MIN. CO. v. AMADOR MEDEAN GOLD MIN. CO

145 U.S. 300

12 S.Ct. 921

36 L.Ed. 712

SOUTH SPRING HILL GOLD MIN. CO. v. AMADOR MEDEAN GOLD MIN. CO.

May 16, 1892.

Geo. S. Boutwell, for plaintiff in error.

Mr. Chief Justice FULLER delivered the opinion of the court.

This was an action brought by the Amador Medean Gold Mining Company against the South Spring Hill Gold Mining Company in the circuit court of the United States for the northern district of California, where it was tried on an agreed where it was tried on an agreed in favor of the plaintiff, to review which this writ of error was prosecuted. The opinion of Judge SAWYER, holding the circuit court, will be found reported in 36 Fed. Rep. 668.

When the case came on for argument in this court the attorney for plaintiff in error very properly called our attention to the fact that since the decision in the circuit court 'the control of both the corporations, parties to this suit, had come into the hands of the same persons, but that there was a minority of stockholders in the Amador Medean Gold Mining Company who retained the interest that they had at the time the decision was rendered;' 'that the two corporations were still in existence and organized; and that the present managers and owners of the properties were anxious that the question should be decided, in order that the minority of the stockholders might receive whatever, by the finding of the court, would be due to them.' No appearance has been entered for defendant in error, but a copy of the opening and closing briefs, filed on its behalf in the circuit court, has been printed and filed here by plaintiff in error. We cannot, however, consent to determine a controversy in which the plaintiff in error has become...