Hickey v. Anaconda Copper Mining Co.
Montana Supreme Court
Appeal from the District Court, Silver Bow County; Wm. Clancy, Judge. Action by Edward Hickey and others against the Anaconda Copper Mining Company and another. From a judgment in favor of plaintiffs, and from an order denying them a new trial, defendants appeal. It is held by all modem decisions and text-writers that the Statute giving the right to extralateral pursuit of a vein should be liberally construed and upheld whenever possible.
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Appeal from the District Court, Silver Bow County; Wm. Clancy, Judge. Action by Edward Hickey and others against the Anaconda Copper Mining Company and another. From a judgment in favor of plaintiffs, and from an order denying them a new trial, defendants appeal. It is held by all modem decisions and text-writers that the Statute giving the right to extralateral pursuit of a vein should be liberally construed and upheld whenever possible. In case of doubt, tire doubt should be’ resolved in favor of the right to pursue the vein extralaterally. (Consolidated Wyoming Gold Min. Co. v. Champion…
1Opinion of the CourtJustice Holloway
The plaintiffs in this action assert their ownership in, and right of possession to, an undivided thirty-one' thirty-sixths interest in the Nipper lode mining claim. They allege that there is in said claim a vein bearing copper and other minerals, which vein extends lengthwise of said claim, substantially parallel with the side lines and through the end lines of said claim, which end lines are parallel; that said vein so far departs from a perpendicular in its descent into the earth that it extends beyond the south side line of the Nipper claim and into the Oden claim, owned by the defendant…
2Cases cited12 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Butte City Water Co. v. BakerSupreme Court of the United States · 1905
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- O'Donnell v. GlennMontana Supreme Court · 1888
- Metcalf v. PrescottMontana Supreme Court · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Butte & Superior Copper Co. v. Clark-Montana Realty Co.Supreme Court of the United States · 1919
- Clark-Montana Realty Co. v. Butte & Superior Copper Co.District Court, D. Montana · 1916
- Butte & Superior Copper Co. v. Clark-Montana Realty Co.Court of Appeals for the Ninth Circuit · 1918
- Harvey v. HavenerMontana Supreme Court · 1959
- Tom Reed Gold Mines Co. v. United Eastern Mining Co.Arizona Supreme Court · 1922
4 more not listed; retrieve them via the Exa API.