Power v. Sla
Montana Supreme Court
Appeal prom District Court, Lewis a7id Ciarke County/ Ilewy N. Dlalte, Judge. Action in ejectment brought by T. C. Power and John B. Wilson against James Sla and Con. Kelly. From a judgment in favor of plaintiffs, defendants appeal. Statement oe the Case.
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Appeal prom District Court, Lewis a7id Ciarke County/ Ilewy N. Dlalte, Judge. Action in ejectment brought by T. C. Power and John B. Wilson against James Sla and Con. Kelly. From a judgment in favor of plaintiffs, defendants appeal. Statement oe the Case. Action in ejectment involving the ownership and possession of the Clementh, Union Jack, and Bine Boy contiguous lode mining claims, situate in Lewis and Clarke county, and designated by the United States surveyor general at Helena as mineral surveys Nos. 1,743, 2,206, and 2,207. The complaint states first á cause of action in the usual form,…
1Opinion of the CourtChief Justice Brantly
The only question presented upon this appeal arises upon the correctness of the action of the district court upon the demurrer. It is conceded by the appellants that the proceedings of the land department of the United States in the disposition of the public lands are judicial in their character, and that the determinations therein by the proper officers, acting within their jurisdiction, upon questions of fact, or of mixed law and fact, are conclusive upon the courts, and cannot be revised or disturbed by them. The contention is made, however, that the courts, while recognizing the dignity…
2Cases cited23 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Moore v. RobbinsSupreme Court of the United States · 1878
- Boggs v. Merced Mining Co.California Supreme Court · 1859
18 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Copper Mountain Mining & Smelting Co. v. Butte & Corbin Con. Copper & Silver Mining Co.Montana Supreme Court · 1909
- Anvil Hydraulic & Drainage Co. v. CodeCourt of Appeals for the Ninth Circuit · 1910
- Kennedy v. DickieMontana Supreme Court · 1906
- Golden Giant Mining Co. v. HillNew Mexico Supreme Court · 1921
- Graham v. Great Falls Water Power & Townsite Co.Montana Supreme Court · 1904
10 more not listed; retrieve them via the Exa API.