Duffy v. Strandberg
District Court, D. Alaska
This suit was brought to restrain trespass upon the Broken Snowshoe Association placer mining claim and to recover damages for injuries to the same by the defendant.
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This suit was brought to restrain trespass upon the Broken Snowshoe Association placer mining claim and to recover damages for injuries to the same by the defendant. On statement of counsel, under the provisions of section 924 of the Compiled Laws of Alaska, the name of Emma Duffy was added as a party plaintiff, and paragraph II of the complaint was amended to allege that W. E. Duffy is the owner of an undivided five-eighths interest, and Emma Duffy is the owner of an undivided one-eighth interest, in and to said placer mining claim. Plaintiffs allege citizenship and residence in Otter…
1Opinion of the Court
BUNNELL, District Judge.
The plaintiffs herein seek relief by restraining order, and also pray that damages be assessed for the injury already done. Though somewhat unusual, an action in this form is by no- means unknown. In the case of Bishop v. Baisley, reported in 28 Or. 119, 41 Pac. 936, the court is asked to restrain a continuing trespass on a mining claim by the removal of valuable ore and for damages already done by such trespass. In this case the title to the property was in dispute, but in commenting on the nature of the action the court said:
“This may be termed a suit to enjoin a…
2Cases cited15 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Barden v. Northern Pacific RailroadSupreme Court of the United States · 1894
- Forbes v. GraceySupreme Court of the United States · 1877
- Heath v. WallaceSupreme Court of the United States · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Moumal v. WalshDistrict Court, D. Alaska · 1940