Legal Opinion

Bishop v. Baisley

Oregon Supreme Court

Decided October 7, 1895PublishedCited by 33 opinions

Appeal from Baker: Robert Eaein, Judge. This suit was brought by Philip R. Bishop against James L. Baisley and others to restrain trespass upon a mining claim, and to recover damages for the injurious use of it by the defendants.

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Appeal from Baker: Robert Eaein, Judge. This suit was brought by Philip R. Bishop against James L. Baisley and others to restrain trespass upon a mining claim, and to recover damages for the injurious use of it by the defendants. The plaintiff, after showing his citizenship, alleges, in substance, that he is now and was at all times mentioned in his complaint the owner by reason of location and possession under the general mining laws of the United States of a certain quartz mining claim situated in Baker County, Oregon, generally known and designated as the White Pigeon Quartz Claim (then…

1Opinion of the Court

Opinion by

Mr. Justice Wolverton.

There is no doubt that the plaintiff and one C. J. Finn made a sufficient and valid location of the White Pigeon Claim, November twenty-fifth, eighteen hundred and ninety-one. This is the finding of both the referee and the court below, and is borne out by the testimony. On October twenty-fourth, eighteen hundred and ninety-two, Finn sold and conveyed his interest in the claim to plaintiff, and thereupon plaintiff became the sole owner thereof. The fact that J. L. Baisley made a sufficient and valid location of the Mabel Claim, and S. B. Baisley of the Queen of…

2Cases cited22 opinions

  1. Smelting Co. v. KempSupreme Court of the United States · 1882
  2. Belk v. MeagherSupreme Court of the United States · 1881
  3. Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
  4. Chambers v. HarringtonSupreme Court of the United States · 1884
  5. Fleischner v. Citizens' Investment Co.Oregon Supreme Court · 1893

17 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. United States v. Midway Northern Oil Co.District Court, S.D. California · 1916
  2. M. K. F. v. MiramontesOregon Supreme Court · 2012
  3. West v. Washington Railway Co.Oregon Supreme Court · 1907
  4. Micelli v. AndrusOregon Supreme Court · 1912
  5. Roy v. MooreSupreme Court of Connecticut · 1912

28 more not listed; retrieve them via the Exa API.

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