Butte & Boston Mining Co. v. Societe Anonyme des Mines de Lexington
Montana Supreme Court
Appeal from District Court, Silver Bow County; John J. Me Hatton, Judge. Action by the Butte & Boston Mining Company against the Societe Anonyme des Mines de Lexington. From an order granting a new trial after a j udgment for plaintiff, it appeals.
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Appeal from District Court, Silver Bow County; John J. Me Hatton, Judge. Action by the Butte & Boston Mining Company against the Societe Anonyme des Mines de Lexington. From an order granting a new trial after a j udgment for plaintiff, it appeals. In granting a new trial upon errors and instructions Nos. 9, 10, and 11, which are treated together, the lower court seemed to think that such instructions were erroneous; in the first place because they laid down the rule that continuity and not identity of a vein is the test of the right to follow the vein from one’s ground under that of another,…
1Opinion of the CourtJustice Hunt
Action to recover the value of ore taken from a vein beneath the surface of that portion of the Wappello lode claim owned by plaintiff (appellant.) The Butte & Boston Mining Company, plaintiff and appellant, owns the south and west portions of the Wappello lode claim, while the Societe Anonyme des Mines de Lexington, respondent here, owns the northeast portion, as indicated by the diagram accompanying this opinion. A. J. Davis formerly owned the Wappello, and both plaintiff and defendant derive title from him; the conveyance to defendant of its portion having been prior to the conveyance of…
2Cases cited9 opinions
- Eureka Consol. Min. Co. v. Richmond Min. Co.U.S. Circuit Court for the District of Nevada · 1877
- Iron Silver Mining Co. v. CheesmanSupreme Court of the United States · 1886
- Fitzgerald v. ClarkMontana Supreme Court · 1895
- Cheesman v. ShreeveU.S. Circuit Court for the District of Colorado · 1889
- Richmond Mining Company v. Eureka Mining CompanySupreme Court of the United States · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- Gallick v. BordeauxMontana Supreme Court · 1904
- Welch v. NicholsMontana Supreme Court · 1910
- Grant v. PilgrimCourt of Appeals for the Ninth Circuit · 1938
- Phillips v. CoburnMontana Supreme Court · 1903
7 more not listed; retrieve them via the Exa API.