Clearwater Short Line Railway v. San Garde
Idaho Supreme Court
APPEAL from District Court, Shoshone County. The Butcher Boy mining location notice, under which, solely, defendants claim an interest in the premises in the controversy, was void for each of the following reasons, to wit: It did not give the direction for the distance of six hundred feet from the discovery monument to the mouth of Big Canyon creek, the natural object to which it was attempted to tie the claim.
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APPEAL from District Court, Shoshone County. The Butcher Boy mining location notice, under which, solely, defendants claim an interest in the premises in the controversy, was void for each of the following reasons, to wit: It did not give the direction for the distance of six hundred feet from the discovery monument to the mouth of Big Canyon creek, the natural object to which it was attempted to tie the claim. (Brown v. Levan, 4 Idaho, 794, 46 Pac. 661.) The affidavit to the notice of location was void, in that it was in the alternative, stating that the affiant was a citizen of the Hnited…
1Opinion of the CourtHuston, C. J.
This is an appeal from an order of the district court of Shoshone county refusing to continue until trial an injunction theretofore issued in this action. The facts, in brief, are as follows: The plaintiff is a railway corporation engaged in the construction of a railroad through a portion of Shoshone county. Prior to the ninth day of January, 1899, the plaintiff surveyed the definite line (its proposed) line of railroad ovrr the land in controversy, and on or about the twenty-seventh day of January, 1899, filed with the register of the United States land office at Lewiston, in the state of…
Also in this document: Concurrence.
2Cases cited1 opinion
- Brown v. LevanIdaho Supreme Court · 1896
3Cited by1 opinion
- Morrison v. ReganIdaho Supreme Court · 1902