Mares v. Dillon
Montana Supreme Court
Appeal from District Court, Lewis and Clarice County; J. M. Clements, Judge. Action by Frank Mares against Richard Dillon, in support of an adverse claim to a mining location. From a judgment in favor of plaintiff, and from an order overruling a motion for a new trial, defendant appeals.
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Appeal from District Court, Lewis and Clarice County; J. M. Clements, Judge. Action by Frank Mares against Richard Dillon, in support of an adverse claim to a mining location. From a judgment in favor of plaintiff, and from an order overruling a motion for a new trial, defendant appeals. We desire to present for the consideration of the court, first, that the statute of the state of Montana is unconstitutional and void, because the legislature of the state has no power to legislate upon the subject at all, or if it has that power, that the particular requirement of the statute unobserved in…
1Opinion of the Court
MR. COMMISSIONER CLAYBERG
prepared the following opinion for the court:
Appellant, Dillon, made application to the United States land office for a patent to the Black Eagle quartz lode mining claim. Respondent, Mares, filed two adverse claims in the land office against this application — one based upon the Gold Hill quartz lode claim, and one based upon the Gold Rocky Hill quartz lode claim, with both of which the surface of the Black Eagle was in conflict. Within the time allowed by the statute of the United States, respondent instituted two suits, in support of his adverse claims (one on each…
2Cases cited30 opinions
- United States v. JonesSupreme Court of the United States · 1889
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Perego v. DodgeSupreme Court of the United States · 1896
- Iron Silver Mining Co. v. Elgin Mining & Smelting Co.Supreme Court of the United States · 1886
25 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Gay v. Lavina State BankMontana Supreme Court · 1921
- Ferris v. McNallyMontana Supreme Court · 1912
- O'Hanlon v. Ruby Gulch Mining Co.Montana Supreme Court · 1922
- McMullin v. MagnusonSupreme Court of Colorado · 1938
- Larson v. PeppardMontana Supreme Court · 1909
9 more not listed; retrieve them via the Exa API.