Loy v. Alston

Citations

• 172 F. 90
• 1909 U.S. App. LEXIS 4885

Syllabus

<p>1. Mines and Minebaes (§■§ 97, 100*) — Mining Partnerships — How Formed —Conveyance by One Partner Does Not Dissolve.</p> <p>Mining partnerships may be formed (1) by the customary agreement of partnership, or (2) by the operation of a mine by some of the joint owners with the consent or acquiescence of the other joint owners.</p> <p>The conveyance by one joint owner of his interest in the mine to a. stranger does not dissolve the partnership in its operation; but the grantee becomes a partner in the place of the grantor, who ceases to be a member of the partnership.</p> <p>[Ed. Note. — For other eases, see Mines and Minerals, Cent. Dig. §§ 222-225; Dec. Dig. §§ 97, 100*</p> <p>Mining partnerships, see note to G. Y. B. Min. Co. v. First Nat. Bank of Hailey, 35 C. C. A. 515.]</p> <p>2. Partnership (§ 87*) — Wrongful Exclusion op Major Owner prom Partnership by Agreement Bars Enforcement op Contribution por Subsequent Losses. í'¡</p> <p>A partner, who, in violation of a stipulation of a partnership agreement 'to the effect that the owner of the major interest should superintend and control the conduct of its business, excludes him therefrom, and thereafter incurs losses by his own management of the partnership business, may not recover any share of them from the excluded owner.</p> <p>[Ed. Note. — For other cases, see Partnership', Cent. Dig. §‘135; Dee. Dig. § 87.*]</p> <p>3. Courts (§ 264*) — Federal Courts — Dependent Bill — Neither Diversity op Citizenship Nor Federal Question Requisite to Jurisdiction.</p> <p>■A bill in equity dependent upon a former action, of which the federal . court had jurisdiction, may be maintained in a national court, in the absence of diversity of citizenship and of a federal question: (1) To aid, enjoin, or regulate the original suit; (2) to restrain, avoid, explain, or enforce the judgment or decree therein; or (3) to enforce or obtain an adjudication of liens upon or claims to property in the custody of the court in the original sui