Rosenthal v. Ives
Idaho Supreme Court
APPEAL from District Court, Sbosbone County. The consolidation and trial of the two causes as one case was unauthorized by law and improper, even with the consent of parties.
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APPEAL from District Court, Sbosbone County. The consolidation and trial of the two causes as one case was unauthorized by law and improper, even with the consent of parties. (Code, see. 713; Wallace v. Mdredge, 27 Cal. 498.)-Actions brought pursuant to section 2326 of the Revised Statutes of the United States are virtually applications for a patent for the ground in controversy; and it is incumbent upon a party to such action to show -every fact essential to the initiation and perfection of any right claimed by him under the act of May 10, 1872, and to entitle him to the possession of the…
1Opinion of the CourtBroderick, J.
These actions were commenced in support of the adverse claims made by the plaintiffs against the issuance of patents to Ives and Silverthorn to the Idaho Bar claim, in Shoshone county, Idaho. The two cases were, by consent of the parties, consolidated, and tried by the court without a jury. The court found and adjudged that Ives and Silverthorn were, as against the plaintiffs in each of said cases, the owners of, and entitled to the possession of, a certain portion of the claim, which was described in the judgment ; that the plaintiffs in the Lansdale case were the owners of, and entitled to…
2Cases cited7 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Jackson v. RobySupreme Court of the United States · 1883
- North Noonday Mining Co. v. Orient Mining Co.United States Circuit Court · 1880
- McGinnis v. EgbertSupreme Court of Colorado · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Burke v. McDonaldIdaho Supreme Court · 1890
- Bohanon v. HoweIdaho Supreme Court · 1888
- Price v. McIntoshDistrict Court, D. Alaska · 1901
- Allyn v. SchultzArizona Supreme Court · 1897
- Stolp v. Treasury Gold Mining Co.Washington Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.