Lozar v. Neill
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; Thos. ■C. Bach, Judge. Action by Joseph Pozar against John S. M. Neill and another. From a judgment of nonsuit plaintiff appeals.
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Appeal from District Court, Lewis and Clark County; Thos. ■C. Bach, Judge. Action by Joseph Pozar against John S. M. Neill and another. From a judgment of nonsuit plaintiff appeals. On cross-examination the plaintiff stated that the Violet Jane ■claim, the stakes of which he saw in 1898, had been abandoned •at the time that he swung his lines in 1903. This testimony tended to prove an abandonment of any claim that might have ■existed in 1898, and on the motion for a nonsuit this was sufficient. {Boyer v. Great Falls Water Co., 15 Mont. 5, 37 Pac. •838; Hotter Lumber Co. v. Fireman’s Fund Ins.…
1Opinion of the Court
MR. ’JUSTICE SMITH
delivered the opinion of the court.
This is what is ordinarily termed an “adverse suit.” On May 22, 1906, the defendants made application at the United States land office in Helena for a patent to the Yiolet Jane quartz lode mining claim. On July 21, 1906, plaintiff filed in the land office a protest against the issuance to defendants of patent to a certain portion of the Yiolet Jane lode claim alleged by him to be in conflict with a part of the Sunrise lode claim owned *290by him, and on August 14, 1906, began this action to determine the relative rights of the parties. The…
2Cases cited3 opinions
- Cleary v. SkiffichSupreme Court of Colorado · 1901
- McMillen v. Ferrum Mining Co.Supreme Court of Colorado · 1903
- Moffat v. Blue River Gold Excavating Co.Supreme Court of Colorado · 1905
3Cited by3 opinions
- Conway v. FabianMontana Supreme Court · 1939
- Snowy Peak Mining Co. v. Tamarack & Chesapeak Mining Co.Idaho Supreme Court · 1910
- Street v. Delta Mining Co.Montana Supreme Court · 1910