Legal Opinion

Helena Gold & Iron Co. v. Baggaley

Montana Supreme Court

Decided November 5, 1906No. 2,297PublishedCited by 8 opinions

Appeal from District Court, Lewis and Clark County; Henry C. Smith, Judge. Action by tbe Helena Gold and Iron Company against Ralph Baggaley. From a judgment in favor of defendant, plaintiff appeale. This court has at all times adopted a liberal rule of construction in the consideration of these location notices, and in Purdum v. Laddin, 23 Mont. 387, 59 Pac. 153, the doctrine was announced that only a substantial compliance with the law was needed.

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Appeal from District Court, Lewis and Clark County; Henry C. Smith, Judge. Action by tbe Helena Gold and Iron Company against Ralph Baggaley. From a judgment in favor of defendant, plaintiff appeale. This court has at all times adopted a liberal rule of construction in the consideration of these location notices, and in Purdum v. Laddin, 23 Mont. 387, 59 Pac. 153, the doctrine was announced that only a substantial compliance with the law was needed. (Hauswirth v. Butcher, 4 Mont. 299, 1 Pac. 714; Bramlett v. Flick, 23 Mont. 96, 57 Pae. 869; Walker v. Bennington, 27 Mont. 369, 71 Pac. 156;…

1Opinion of the CourtChief Justice Brantly

The defendant on March 13, 1905, filed an application in the land office at Helena for a patent to the Success quartz lode mining claim. Within the sixty days of publication of notice of the application, the plaintiff filed its adverse claim, alleging right to the possession of the ground covered by the Success *467claim to the extent of five and eight-hundredths acres under two prior locations, named, respectively, the “Helena” and the “Wisconsin” quartz lode claims. This action was then brought to determine the right of possession to the area in controversy.

The discovery of the Success lode was…

2Cases cited13 opinions

  1. Erhardt v. BoaroSupreme Court of the United States · 1885
  2. Gwillim v. DonnellanSupreme Court of the United States · 1885
  3. Erhardt v. BoaroSupreme Court of the United States · 1885
  4. Jackson v. RobySupreme Court of the United States · 1883
  5. Black v. Elkhorn Mining Co.Supreme Court of the United States · 1896

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

3Cited by8 opinions

  1. Ferris v. McNallyMontana Supreme Court · 1912
  2. Harvey v. HavenerMontana Supreme Court · 1959
  3. Bergquist v. West Virginia-Wyoming Copper Co.Wyoming Supreme Court · 1910
  4. Street v. Delta Mining Co.Montana Supreme Court · 1910
  5. Giberson v. Tuolumne Copper Mining Co.Montana Supreme Court · 1910

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

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