Speed v. McCarthy
Supreme Court of the United States
EKKOS TO THE CIRCUIT COURT OE PENNINGTON COUNTY, SOUTH DAKOTA. Pateick B. McCarthy commenced this action in the Circuit Court of .Pennington County, South Dakota, against William B. Franklin and others, to determine their adverse claims in and to certain mining property. Before the trial William B. Franklin died, and his heirs and his administrator, Edward W. Speed, were substituted.
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EKKOS TO THE CIRCUIT COURT OE PENNINGTON COUNTY, SOUTH DAKOTA. Pateick B. McCarthy commenced this action in the Circuit Court of .Pennington County, South Dakota, against William B. Franklin and others, to determine their adverse claims in and to certain mining property. Before the trial William B. Franklin died, and his heirs and his administrator, Edward W. Speed, were substituted. The Circuit Court filed findings of fact and conclusions of law, and entered judgment for defendants on the facts.so found. The facts found by the trial court are thus stated in the opinion of the Supreme Court:…
1Opinion of the CourtChief Justice Fullee
It is'objected that jurisdiction of this writ of error cannot be maintained because no title or right was specially set up or claimed within section 709 of the Revised Statutes. But plaintiffs in error contend that, while they admit that they made' no specific reference to'the statutes of the United States, their pleading, nevertheless, showed that they asserted title through valid mining claims duly located, and denied the title of defendant in error on the ground that the locations under which he claimed had become forfeited and abandoned, and that that was a sufficient compliance with the…
2Cases cited3 opinions
- Oxley Stave Co. v. Butler CountySupreme Court of the United States · 1897
- Gillis v. StinchfieldSupreme Court of the United States · 1895
- Pittsburgh & Lake Angeline Iron Co. v. Cleveland Iron Mining Co.Supreme Court of the United States · 1900
3Cited by10 opinions
- Seaboard Air Line Railway v. DuvallSupreme Court of the United States · 1912
- Guerin v. American Smelting & Refining Co.Arizona Supreme Court · 1925
- Zellers v. StateSupreme Court of Florida · 1939
- Leonard v. Vicksburg, Shreveport & Pacific RailroadSupreme Court of the United States · 1905
- Jones v. StateSupreme Court of Florida · 1945
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