Joseph McKenna

“ A Federal question is asserted because of the ruling of the district court refusing to remove the case to the United States circuit court upon the petition of plaintiffs in error. But upon the denial of the application to remove they filed the record in the circuit court of the United States, and that court remanded the cause, and a copy of its order was filed in the district court before the commencement of the trial. ”

“ On the morning of May 17, after the February 7, 1891, with a capital of $15,000,000, and was authorized to acquire by purchase, lease, or otherwise, mining property, together with water rights, power, ways, mills, and mill sites; to develop, mine work, and utilize the same, and to carry on a general mining business. Its principal office is in Telluride, Colorado, and its principal business is to be done in Colorado, and its articles provide that part of its business may be done in Boston, Mass., and its principal office kept there. ”

“ The existence of the two policies was those rights depended. In other words, that the district court assumed to determine, and did determine, all conflicting or adverse claims to the property, and submitted only to the jury the questions of compensation and damages. ”