United States v. Benjamin
United States Circuit Court
Demurrer to special answer, and motion to strike out a portion as immaterial.
1Opinion of the CourtSawyer, J.
The United States bring this action to recover the value of lumber alleged to have been manufactured from timber trees-unlawfully cut on the public lands. The defendant, as a justification, specially answers that the trees from which the lumber in question was manufactured grew and were cut “in a mineral district of the United States,” known as such throughout the state, and so recognized by the customs of miners and the decisions of the courts, and designated “The Georgetown Mineral and Mining District,” being “in the mineral belt of said state of California and county of El Dorado;-” that…
2Cited by2 opinions
- English v. United StatesCourt of Appeals for the Ninth Circuit · 1902
- United States v. EnglishU.S. Circuit Court for the District of Oregon · 1901