Dayton v. Ewart
Montana Supreme Court
Appeal from Disimci Court, Ravalli County; F. Woody, Judge. Action by L. H. D'ayton against E. Ewart, as constable. Judgment for plaintiff, and defendant appeals. Tbe legislature intended Section 1222 (Subdivision Y) for tbe iprotection of those whose labor is all tbe capital they possess ; those employed by others by the day, week, month or year, and those whose sole profit is what they get for their services.
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Appeal from Disimci Court, Ravalli County; F. Woody, Judge. Action by L. H. D'ayton against E. Ewart, as constable. Judgment for plaintiff, and defendant appeals. Tbe legislature intended Section 1222 (Subdivision Y) for tbe iprotection of those whose labor is all tbe capital they possess ; those employed by others by the day, week, month or year, and those whose sole profit is what they get for their services. A man owning and operating! a placer mine has other capital besides the labor he individually, performs in working his claim; in such case, his mine, water ditch, tools and appliances,…
1Opinion of the Court
MR. COMMISSIONER 0ALLAWAY
prepared tbe opinion for tbe court.
Respondent commenced this action in tbe district court of Ravalli county, Montana, to recover of appellant tbe value of certain gold dust. Appellant joined issue by answer. Tbe parties then submitted tbe case to' tbe court upon an agreed statement of facts. Erom this statement it appears that respondent is, and lias been for several years last past, a resident of this state, and tbe bead of a family residing in this state; that lie is a miner, having tbe possessory title to a placer claim, wbicb be bas been working with bis own water…
2Cases cited4 opinions
- Jenks v. DyerMassachusetts Supreme Judicial Court · 1869
- Ferguson v. SpeithMontana Supreme Court · 1893
- Cushing v. QuigleyMontana Supreme Court · 1892
- McSkimin v. KnowltonNew York Court of Common Pleas · 1891
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- In Re ArcherMontana Supreme Court · 2006
- McMenamy v. Director, Division of TaxationNew Jersey Tax Court · 1981
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