Page:Federal Reporter, 1st Series, Volume 1.djvu/47

ÎIMMA SILVEB MIn'G 00. V. EMMA SILTBB MIN'G 00. 89 �plainant, we are of opinion that respondent should be per- petually enjoined, and that he should account to the complain- ant for the damages sustained by him. ���The Emma Silver Mining Co. (Limited) v. The Emma SiLVER Mining Co. op N. Y. and others. �{Circuit Court, S. D. New Torlc. January 14, 1880.) �Phacticb — Plbas— lÎEFEKENCE. — Wheie judgments are pleaded in bar, the court on motion may refer the pleas to a master to ascertain the truth of the same. �E. W. Stoughton, for complainant. �J. E. Burrill, for defendants. �Choate, J. In this case the several defendants bave filed, with the leave of the court, several pleas, some of which are to the whole bill and some of which are to parts of the bill. In these pleas they have set forth the existence of certain records, being judgments in suits at law in this court and in courts of Utah. These judgments are pleaded in bar of this suit, or of part or parts of the relief sought by this bill. �The complainant now, without replying or setting down the pleas for argument, moves that it be referred to a master to take proof of the truth of the pleas. The purpose designed to be accomplished by the motion, as stated upon the argu- ment, is that if the pleas, or some of them, are set down for argument the judgments bo pleaded may, upon the ai-gument, be before the court. And a further reason alleged for the motion is that, from the peouliar averments in the pleas as to the efïeet of the former judgments, and the inferences of facts and law drawn from them in the pleas, which may be correct inferences ' from the records, as recited, but which might not be held to be correct inferences from the records themselves, if exhibited at large, the complainant ought not to be compelled to elect whether to reply to the pleas or to set them down for argument without the production of copies of the records as parts of the pleas. ��� �