Washoe Copper Co. v. Junila
Montana Supreme Court
Appeal from, District Court, Silver Bow County; John B. McClernan, Judge. Action by the Washoe Copper Company against John Jnnila and others, in which W. H. Hall and others intervene. From a judgment for defendants and interveners, plaintiff appeals.
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Appeal from, District Court, Silver Bow County; John B. McClernan, Judge. Action by the Washoe Copper Company against John Jnnila and others, in which W. H. Hall and others intervene. From a judgment for defendants and interveners, plaintiff appeals. While certain admissions or declarations of a grantor or predecessor in title, while holding the title, are held to be admissible in evidence against the successor in interest, thus varying the rule as to hearsay evidence, there are certain exceptions and limitations to this rule, one of the most important being that while the declarations of a…
1Opinion of the CourtJustice Holloway
This action was brought by the Washoe Copper Company against Junila and others to recover damages for ores extracted from ground claimed by the plaintiff, and for an injunction to restrain further trespasses.
The plaintiff alleges its ownership in and to an irregularly shaped piece of ground in the N. E. % of the S. W. % °f section 18, township 3 N., of range 7 W., in Silver Bow county. The defendants answered, admitting that they had mined in a portion of the ground claimed by plaintiff, denied plaintiff’s ownership of such portion, alleged that they were merely lessees of others who claim to…
2Cases cited11 opinions
- Frink v. RoeCalifornia Supreme Court · 1886
- Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
- Reynolds v. Iron Silver Mining Co.Supreme Court of the United States · 1886
- Iron Silver Mining Co. v. Mike & Starr Gold & Silver Mining Co.Supreme Court of the United States · 1892
- Dahl v. RaunheimSupreme Court of the United States · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hart v. BarronMontana Supreme Court · 1949
- Osnes Livestock Co. v. WarrenMontana Supreme Court · 1936
- King v. SchultzMontana Supreme Court · 1962
- Cook v. RigneyMontana Supreme Court · 1942
- Kurth v. Le JeuneMontana Supreme Court · 1928
3 more not listed; retrieve them via the Exa API.