Axiom Min. Co. v. Little
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action by the Axiom Mining Company, a corporation, against John Little, to quiet title to certain mining property in plaintiff. Defendant filed an affirmative answer, asking that title be quieted in him, whereupon plaintiff moved to dismiss the action. From an order granting this motion, defendant appeals. The facts are stated in the opinion.
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Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action by the Axiom Mining Company, a corporation, against John Little, to quiet title to certain mining property in plaintiff. Defendant filed an affirmative answer, asking that title be quieted in him, whereupon plaintiff moved to dismiss the action. From an order granting this motion, defendant appeals. The facts are stated in the opinion. The plaintiff may voluntarily dismiss his action at any time before -trial if no counterclaim or cross complaint is made. Hancock v. Bradford, 13 Cal. 637; Moyle v. Porter, 51 Cal.…
1Opinion of the CourtKellam, J.
The Axiom Mining Company, a corporation, brought this action against appellant, Little, as defendant, for the purpose of quieting its title to two certain mineral locations as against the claim of the said Little. The complaint contained two counts or causes of action, alleging severally as to each claim or location that the plaintiff was the owner thereof, and that the defendant claimed without right or justification an estate or interest in each, and that by reason of such unfounded claim the plaintiff was greatly injured and embarrassed in the use and enjoyment of his property, and that by…
2Cases cited3 opinions
- Schmick v. NoelTexas Supreme Court · 1885
- Schaetzel v. City of HuronSouth Dakota Supreme Court · 1894
- Young v. BushNew York Supreme Court · 1868
3Cited by7 opinions
- Cooke v. McQuatersSouth Dakota Supreme Court · 1905
- Subera v. JonesSouth Dakota Supreme Court · 1906
- Jones v. Pacific Dredging Co.Idaho Supreme Court · 1903
- Smith v. WheelerDistrict Court, D. Alaska · 1915
- Axiom Min. Co. v. WhiteSouth Dakota Supreme Court · 1895
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