Miocene Ditch Co. v. Jacobson
District Court, D. Alaska
The plaintiff company is a corporation organized under the laws of California, and has qualified itself to do business in the District of Alaska by complying with all laws of the United States relating to foreign corporations doing business in the District of Alaska.
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The plaintiff company is a corporation organized under the laws of California, and has qualified itself to do business in the District of Alaska by complying with all laws of the United States relating to foreign corporations doing business in the District of Alaska. Its charter empowers it to own and operate mines and mining claims within the District of Alaska, to own and appropriate water and water rights for private and public use, and to build canals, ditches, etc., and to lay piles for supplying water to its own mines and for the general use of the public in the District of Alaska; and…
1Opinion of the Court
MOORE, District Judge.
The question presented to us is: Is the plaintiff entitled to an injunction which will interfere with the reasonable and convenient working of a placer mining claim legally in the possession of its owner, which has been legally segregated from the public domain prior to an attempt by the plaintiff to appropriate a right of way across the claim?
It is a settled fact now that the defendants’ rights to the enjoyment of the ground included in the claim were initiated early in the year 1902, while the plaintiff’s rights to the enjoyment of such land, or any part thereof, if…
2Cases cited3 opinions
- Jennison v. KirkSupreme Court of the United States · 1879
- Noteware v. SternsMontana Supreme Court · 1871
- Titcomb v. KirkCalifornia Supreme Court · 1876
3Cited by4 opinions
- First State Bank of Alamogordo v. McNewNew Mexico Supreme Court · 1928
- Paug-Vik, Inc. v. Wards Cove Packing Co.Alaska Supreme Court · 1981
- McFarland v. Alaska Perseverance Mining Co.District Court, D. Alaska · 1907
- Miocene Ditch Co. v. Campion Mining & Trading Co.District Court, D. Alaska · 1908