Metcalf v. Prescott
Montana Supreme Court
Appeal from Fifth Judicial District, Jefferson County: Judgment was rendered for the plaintiffs below by Galbraith, J. Defendants appeal from the judgment and an order sustaining plaintiffs’ demurrer and motion to strike from the answer. Statement of the case, prepared by the judge delivering the opinion. The action is a contest between claimants of mining ground on the public domain of the United States.
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Appeal from Fifth Judicial District, Jefferson County: Judgment was rendered for the plaintiffs below by Galbraith, J. Defendants appeal from the judgment and an order sustaining plaintiffs’ demurrer and motion to strike from the answer. Statement of the case, prepared by the judge delivering the opinion. The action is a contest between claimants of mining ground on the public domain of the United States. The plaintiffs below, respondents here, relied upon their claims of the Ida May and Corbett lodes. They were contested by the defendants, appellants here, with their New Brunswick and…
1Opinion of the CourtHe Witt, J.
We will discuss the points in the order outlined in the foregoing statement of the case.
*2921. Tlie Crucible claim was situated in Jefferson County. Its notice of location was recorded in Jefferson County. Its location description names corner No. 4 of the survey No. 889,, which corner defendant alleges , lies wholly within Jefferson County; and further alleges that the described courses and distances, when run by reference to this survey corner No. 4, locate the claim wholly in Jefferson County. It is not for the court to say, from an inspection of the location notice, whether or not this survey…
2Cases cited16 opinions
- Shelton v. BerryTexas Supreme Court · 1857
- Garfield M. & M. Co. v. HammerMontana Supreme Court · 1886
- Upton v. LarkinMontana Supreme Court · 1888
- Ede v. JohnsonCalifornia Supreme Court · 1860
- O'Donnell v. GlennMontana Supreme Court · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Pineland Lumber Co. v. RobinsonSupreme Judicial Court of Maine · 1978
- Moore v. CrittendenMontana Supreme Court · 1922
- Mares v. DillonMontana Supreme Court · 1904
- McCowan v. MaclayMontana Supreme Court · 1895
12 more not listed; retrieve them via the Exa API.