Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.

*537The following is a diagram of the property in question:

MR, CHIEP JUSTICE BRANTLY

delivered the opinion of the court.

At the rehearing granted herein two of the questions considered and determined in the original opinion were reargued at length, namely, whether the defendant wás entitled to a trial by jury as a matter of right, and whether the district court was in error in fixing the vertical plane, as it did, to limit toward the west the rights of the plaintiff upon the exterior portions of the veins in controversy. The rehearing upon the first question was granted upon the motion of the…