Stewart Mining Co. v. Ontario Mining Co.
Idaho Supreme Court
APPEAL from tbe District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge. Action for injunction and accounting. Cross-complaint to quiet title. Judgment for defendant. Plaintiff appealed.
Read the full summary
APPEAL from tbe District Court of the First Judicial District for Shoshone County. Hon. W. W. Woods, Judge. Action for injunction and accounting. Cross-complaint to quiet title. Judgment for defendant. Plaintiff appealed. The lower court erred in deciding that because the vein crosses the southerly side line of the Stewart Fraction claim, that line is in fact an end line, in consequence of which the appellant is not entitled to any extralateral right to the vein southerly of the vertical plane of such line. The presumption obtains that a discovery was made in the Stewart Fraction claim, and…
1Opinion of the CourtAilshie, C. J.
— This action was commenced by the appellant for the purpose of securing an accounting and for judgment for the value of ore and mineral extracted and removed by the respondents from certain veins and ore deposits beneath the surface of the Ontario mining claim, and for an injunction pendente lite, and for a permanent injunction restraining defendants from further working these ore bodies or removing ore therefrom. Application was made to the trial court for an injunction pending the trial of the action, and that application was denied and an appeal was prosecuted to this court. The order of…
2Cases cited32 opinions
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Del Monte Mining & Milling Co. v. Last Chance Mining & Milling Co.Supreme Court of the United States · 1898
- Lawson v. United States Mining Co.Supreme Court of the United States · 1907
- Mining Co. v. TarbetSupreme Court of the United States · 1879
- Iron Silver Mining Co. v. Elgin Mining & Smelting Co.Supreme Court of the United States · 1886
27 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
- First Nat. Bank of Pocatello v. PolingIdaho Supreme Court · 1926
- Merritt for Merritt v. StateIdaho Supreme Court · 1985
- Stewart Mining Co. v. Ontario Mining Co.Supreme Court of the United States · 1915
- Corker v. CowenIdaho Supreme Court · 1917
20 more not listed; retrieve them via the Exa API.