Gade v. Collins
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action to quiet title to a mining claim. Plaintiff had judgment and defendants appeal. The facts are stated in the opinion. In order to raise the question as to the sufficiency of the eyi dence to support the court’s findings, a motion for a new trial is necessary.
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Appeal from circuit court, Lawrence county. Hon. Chas. M. Thomas, Judge. Action to quiet title to a mining claim. Plaintiff had judgment and defendants appeal. The facts are stated in the opinion. In order to raise the question as to the sufficiency of the eyi dence to support the court’s findings, a motion for a new trial is necessary. Pierce v. Manning, 2 S. D. 517, 51 N. W. 332; Hawkins v. Hubbard, 2 S. D. 631, 51 N. W. 774; Norwegian Plow Co. v. Bellon, 4 S. D. 384, 57 N. W. 17. See also Hayne New Trial App. §§ 17, 19 and 22; 16 Am. & Eng. Ency. Law, 625; Thorn v. Finn (Cal.), 10 Pac.…
1Opinion of the CourtCorson, P. J.
This is an action to quiet plaintiff’s title to a mining claim located and known as the “Dividend Lode.” The appellants, who are defendants in the action, claimed the same mining ground under and by virtue of a relocation of the same under the name of ‘ ‘Cassie Lode. ” The case was tried by the court without a jury, and findings were made, and a judgment rendered in favor of the plaintiff and respondent. From this judgment the defendants appeal.
The principal ground relied on to sustain the relocation of the mining claim by appellants was the failure of the respondent, claimant of the Dividend…
2Cases cited7 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Johnson v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
- Weber v. TschetterSouth Dakota Supreme Court · 1890
- Hawkins v. HubbardSouth Dakota Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Hedderich v. HedderichNorth Dakota Supreme Court · 1909
- Skaar v. EppelandNorth Dakota Supreme Court · 1916
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- Miami Copper Co. v. StrohlArizona Supreme Court · 1913
- Goodman v. MevorahNorth Dakota Supreme Court · 1953
20 more not listed; retrieve them via the Exa API.