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128 U.S. 488

Quimby v. Boyd

Supreme Court of the United States

Submitted November 19, 1888.

Decided November 26, 1888.

Supreme Court of the United States · decided 1888-11-26

<p>ERROR TO THE SUPREME COURT OE THE STATE OF COLORADO.</p> <p>Motion to dismiss or affirm. The ease is. stated in the opinion.</p>

2 counsel of record

Key passage — most relied on by later courts

“the other alleged errors involved questions, either of fact, or of state and not of Federal law.”

quoted by 1 later decision, including Dower v. Richards

Good law ✅— No negative treatment on recordhow we know

Petition denied / appeal dismissed · 8–0 · Decided 1888-11-26

How this case has been cited

Cited by 6 later decisions (3 by the Supreme Court) — most recently June 1915

201888189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1ERROR TO THE SUPREME COURT OE THE STATE OF COLORADO.

¶2In, error to a state court, a Federal question not raised in the court below •will not support this court’s jurisdiction.

¶3Motion to dismiss or affirm. The ease is. stated in the opinion.

¶4Mr. George A. Kmg for the motion.

¶5No one opposing.

¶6Mr. Chief Justice Fuller

¶7delivered the. opinion of the court.

¶8This is a writ of error to a judgment of the Supreme Court of Colorado in affirmance of a judgment rendered on a verdict in favor of- defendants in error in the District Court of El Paso County, in that State, against plaintiffs in error, for the recovery of a certain lode and mining claim known as the Paymaster Lode, Situated in the Monarch Mining. District in Chaffee County, Colorado, which defendants in error alleged had been duly located under the mining laws' of the United States by one Shepard, from whom they purchased, and. upon which plaintiffs in error had, as they averred, unlawfully entered.

¶9The errors assigned are that the court erred in' holding the record to have sufficiently identified the mining claim of defendants in error; that the record of such claim, “three hundred feet wide by fifteen hundred feet in length, was valid without reference to the vein or its relative position to the. boundaries;” that the original location in-marking the bound: aries of the claim might, in that mining'district, “where cláims were limited to one hundred and fifty feet on each side of the centre of the vein, take thirty-three feet on one side and.make *489up for the deficiency by taking two hundred and sixty-seven feet on the other side; that the annual labor performed by defendants in error on their alleged claim for the year 1880 “ should not be measured by its actual value when doné, but by a speculative value in advance; ” that judgment should have been given for plaintiffs in error, and not for defendants in error.

¶10We do not find that in the trial court or in the Supreme Court of the State the fact that the claim of plaintiffs' below followed in its length the general course of the vein, or that the side lines were substantially parallel with, and the end lines at,.right angles to, the vein, was drawn in question, and it is therefore too late to do so here as the basis of jurisdiction, and in our view the other alleged errors involved questions either of fact or of state and not of Federal law.

¶11The motion to dismiss the writ of error is therefore sustained.

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