ELY v. NEW MEXICO &C. RAILROAD CO.

No. 1133.

129 U.S. 291 (1889)

ELY v. NEW MEXICO AND ARIZONA RAILROAD COMPANY.

Supreme Court of United States.

Decided January 28, 1889.


Attorney(s) appearing for the Case

Mr. Rochester Ford for appellant.

Mr. B.H. Hereford and Mr. Thomas Mitchell for appellees.


MR. JUSTICE GRAY, after stating the case as above reported, delivered the opinion of the court.

The judgment of the Supreme Court of the Territory of Arizona in favor of the defendants, upon their demurrer to the complaint, proceeded upon the ground that the action must be treated as a suit in equity only, and that the complaint made out no case for equitable relief, and therefore could not be maintained under the opinions of this court in Holland v. Challen...

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