United States v. King
Montana Supreme Court
Appeal from, Second Judicial District, Silver Bow County. The cause was tried before Galbraith, J., at the December term, 1887. There was a general verdict and special findings submitted to the jury, and the findings were for the United States. A decree was drawn in accordance therewith, canceling the patent to the Hesperus lode. The plaintiff appeals from an order of De Wolfe, J., at the May term, 1888, granting a new trial.
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Appeal from, Second Judicial District, Silver Bow County. The cause was tried before Galbraith, J., at the December term, 1887. There was a general verdict and special findings submitted to the jury, and the findings were for the United States. A decree was drawn in accordance therewith, canceling the patent to the Hesperus lode. The plaintiff appeals from an order of De Wolfe, J., at the May term, 1888, granting a new trial. The granting or refusing of a new trial is a matter in the discretion of the trial judge. Especially is this true where the evidence is conflicting. (Chauvin v. Valiton,…
1Opinion of the CourtBlake, C. J.
The jury in this case returned a general verdict and special findings, which were approved and adopted by the court, and a decree was entered accordingly. A motion for a new trial was heard and sustained by the successor of the judge who tried the cause, and from this order the appeal has been taken. The action was commenced for the purpose of canceling and annulling a patent which had been issued by the United States to the respondents for the “Hesperus” lode mining claim. The complaint alleges, in substance, that the respondents did not discover any mineral lead, ledge, or vein of rock in…
2Cases cited11 opinions
- United States v. San Jacinto Tin Co.Supreme Court of the United States · 1888
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- 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
- North Noonday Mining Co. v. Orient Mining Co.United States Circuit Court · 1880
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3Cited by2 opinions
- Mueller v. RenkesMontana Supreme Court · 1904
- Bynum v. ColquittCourt of Appeals of Texas · 1922