Barnette v. Freeman
District Court, D. Alaska
Suit in ejectment to recover possession of a placer mining claim, known as a side claim, on the right limit to No. 1 creek claim on Cleary creek, in the Fairbanks mining district, Alaska.
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Suit in ejectment to recover possession of a placer mining claim, known as a side claim, on the right limit to No. 1 creek claim on Cleary creek, in the Fairbanks mining district, Alaska. The claim was first located by plaintiff E. T. Barnette as the attorney in fact for E. R. Barnette on October 2, 1902. Thereafter, and on July 2, 1903, the defendant Al Hilty, concluding that the claim was wider than 660 feet, located a fraction within its limits on the side adjoining No. 1 creek claim, which he owned, '250 feet wide by the length of the claim. On August 10, 1903, defendant Freeman located a…
1Opinion of the Court
WICKERSHAM, District Judge.
The motion for a new trial, omitting the formal parts, is as follows:
“First. The plaintiffs complain and allege that the court erred in holding that the said cause was an action in law and not in equity, and in ordering that the case be submitted to a jury.
‘‘Second. For misconduct of the jury and of the prevailing parties or the defendants in this action.
“Third. For the reason that the plaintiffs have discovered new evidence since the trial, material for the plaintiffs, which they could not with reasonable diligence have discovered arid produced at the trial.
“Fourth.…
2Cases cited3 opinions
- Alaska Commercial Co. v. WilliamsCourt of Appeals for the Ninth Circuit · 1904
- Moore v. SteelsmithDistrict Court, D. Alaska · 1901
- McMorry v. RyanDistrict Court, D. Alaska · 1902
3Cited by1 opinion
- United States v. ConnorsDistrict Court, D. Alaska · 1924