Davis's Administrator v. Weibbold
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF MONTANA. The case, as stated by the court, was as follows: This is an action for the possession of a parcel of mining land in Silver Bow County, formerly Deer Lodge County, of the Territory, now State, of Montana,. It is designated in the ■complaint as a quartz lode, known ás the Gold Hill lode mining claim, in the Summit Talley mining district in that county, and is described by metes and bounds.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF MONTANA. The case, as stated by the court, was as follows: This is an action for the possession of a parcel of mining land in Silver Bow County, formerly Deer Lodge County, of the Territory, now State, of Montana,. It is designated in the ■complaint as a quartz lode, known ás the Gold Hill lode mining claim, in the Summit Talley mining district in that county, and is described by metes and bounds. It is alleged to contain seven acres and a fraction of an acre of land, and to embrace. 1460 linear feet of the Gold Hill lode. The complaint avers…
1Opinion of the CourtJustice Field
The record in stating the judgment below does not show any findings of fact by the court, which tried the case without the intervention of a jury. The order for the judgment necessarily implies that the facts were found by the court upon which the order was made, but, like a verdict of a jury, the findings should properly appear in the record. The omission, it is true, was not noticed by counsel in the Supreme Court of the Territory, nor has it been called to our attention. It was probably a mistake of the copyist in making the transcript, for the argument has proceeded upon the theory that…
2Cases cited6 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Deffeback v. HawkeSupreme Court of the United States · 1885
- Colorado Coal & Iron Co. v. United StatesSupreme Court of the United States · 1887
- United States v. Iron Silver Mining Co.Supreme Court of the United States · 1888
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- Burfenning v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1896
- United States v. SweetSupreme Court of the United States · 1918
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