Erhardt v. Boaro
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. This was an action for the .possession of a mining claim in Pioneer Mining District, in the county of Dolores and State of Colorado. The claim was designated by the plaintiff as “ The Hawk Lode ” mining claim, and by the defendants as “ The Johnny Bull Lode ” mining claim. The plaintiff was a citizen of New York, and the defendants were citizens of Colorado.
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. This was an action for the .possession of a mining claim in Pioneer Mining District, in the county of Dolores and State of Colorado. The claim was designated by the plaintiff as “ The Hawk Lode ” mining claim, and by the defendants as “ The Johnny Bull Lode ” mining claim. The plaintiff was a citizen of New York, and the defendants were citizens of Colorado. The complaint wras in'the usual form in actions for' mining clasims under the practice in Colorado. It contained two counts. The first alleged in addition to…
1Opinion of the CourtJustice Field
As seen by the statement of the case, the court below, in its charge, assumed that the notice on the stake, placed by Carroll at the point of his discovery, contained no specification or description of the ground claimed by the locators, because it did not designate the number of feet elaimed on each side of that point, or in any direction from it. The court accordingly instructed the jury that the. notice was deficient, and under it the locators could not claim any more than the very place in which the stake was planted, and that elsewhere on the same lode beyond the point of discovery any…
2Cited by105 opinions
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- Butte City Water Co. v. BakerSupreme Court of the United States · 1905
- Lockhart v. LeedsSupreme Court of the United States · 1904
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