Mattingly v. Lewisohn
Montana Supreme Court
Appeal from, Second Judicial District, Silver Bow County. Action to determine the right of possession to mining property. The cause was tried before McHatton, J. Plaintiffs had judgment below. I. The court erred in overruling defendant’s motion to strike out the amended complaint.
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Appeal from, Second Judicial District, Silver Bow County. Action to determine the right of possession to mining property. The cause was tried before McHatton, J. Plaintiffs had judgment below. I. The court erred in overruling defendant’s motion to strike out the amended complaint. The legal effect of the judgment of the supreme court was to reverse only that portion of the judgment appealed from which adjudged that defendant Lewisohn had established no title to the premises in controversy; leaving that portion of said judgment whereby it was adjudged, that plaintiffs had established no title…
1Opinion of the CourtHarwood, J.
This action was instituted pursuant to the provisions of section 2326 of the Revised Statutes of the United States to determine the right of possession to a certain quartz lode mining claim, situate in Silver Bow county, Montana, as between appellant, who was applicant for a patent thereto under the name of. “ Miners’ Union Lode Mining Claim,” and the respondent, who was the adverse claimant, with others, of said ground, under a location known as the “Great Eastern Quartz Lode Mining Claim.”
The case has been pending since 1886, and the present appeal is from the judgment rendered as the…
2Cases cited4 opinions
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
- Metcalf v. PrescottMontana Supreme Court · 1891
- Mattingly v. LewisohnMontana Supreme Court · 1888
- Wulf v. ManuelMontana Supreme Court · 1890
3Cited by5 opinions
- Bishop v. BaisleyOregon Supreme Court · 1895
- McCulloch v. MurphyU.S. Circuit Court for the District of Nevada · 1903
- Power v. SlaMontana Supreme Court · 1900
- Preston v. HunterCourt of Appeals for the Ninth Circuit · 1895
- Penn v. OldhauberMontana Supreme Court · 1900