Legal Opinion

Columbia Copper Mining Co. v. Duchess Mining, Milling & Smelting Co.

Wyoming Supreme Court

Decided February 8, 1905PublishedCited by 19 opinions

Error to the District Court, Albany County, Hon. Richard H. Scott, Judge of the First District, presiding. The facts are stated in the opinion. The necessary acts, where there is no organized mining-district, to make a valid lode mining location, are set forth in the Federal Statutes (U. S. Rev. Stat., Secs. 2320, 2324) and in the statutes of the state (R. S. 1899, Secs. 2546, 2548). (Hansworth v. Butcher, 4 Mont., 299; Min. Co. v. Min.

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Error to the District Court, Albany County, Hon. Richard H. Scott, Judge of the First District, presiding. The facts are stated in the opinion. The necessary acts, where there is no organized mining-district, to make a valid lode mining location, are set forth in the Federal Statutes (U. S. Rev. Stat., Secs. 2320, 2324) and in the statutes of the state (R. S. 1899, Secs. 2546, 2548). (Hansworth v. Butcher, 4 Mont., 299; Min. Co. v. Min. Co., 7 Sawy., 96; Stinchfield v. Gillis, 96 Cal., 33; McLaughlin v. Thompson, 2 Colo. App., 135; Etling v: Potter, 17 Land. Dec., 424; R. R. Co. v. Marshall,…

1Opinion of the Court

Beard, Justice.

This is an action brougnt by the defendant in error to recover damages for trespass, and to quiet title to certain lode mining claims, known as the Duchess claims Nos. 1, 2, *2523 and 4, and for an injunction to restrain plaintiff in error from further trespassing- thereon. The case was tried to the court, without a jury, and judgment rendered in favor of defendant in error for $100 damages and costs, and enjoining- plaintiff in error from entering upon the surface of the claims Nos. 1, 3 and 4, or from in any manner trespassing thereon. (Claim No. 2 is not in issue here, as it is…

2Cases cited7 opinions

  1. Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
  2. Erhardt v. BoaroSupreme Court of the United States · 1885
  3. Hyman v. WheelerU.S. Circuit Court for the District of Colorado · 1886
  4. Burke v. McDonaldIdaho Supreme Court · 1892
  5. Preston v. HunterCourt of Appeals for the Ninth Circuit · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Rasmussen Drilling, Inc., a Colorado Corporation Licensed to Do Business in Wyoming v. Kerr-Mcgee Nuclear Corporation and Kerr-Mcgee CorporationCourt of Appeals for the Tenth Circuit · 1978
  2. Twing v. SchottWyoming Supreme Court · 1959
  3. Western Standard Uranium Company v. ThurstonWyoming Supreme Court · 1960
  4. Eblen v. EblenWyoming Supreme Court · 1951
  5. Williams v. YocumWyoming Supreme Court · 1928

14 more not listed; retrieve them via the Exa API.

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