Legal Opinion

Schultz v. Keeler

Idaho Supreme Court

Decided February 28, 1887PublishedCited by 5 opinions

APPEAL from District Court, Shoshone County. The court erred in instructing the jury in effect that a mining claim could not be located by an agent.

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APPEAL from District Court, Shoshone County. The court erred in instructing the jury in effect that a mining claim could not be located by an agent. (2 Estee’s Pleadings, see. 2252; Gore v. McBrayer, 18 Cal., 582; Murley ¶. En-nis, 2 Colo. 300; Bush v. French, 1 Ariz. 99, 25 Pac. 816; Morton v. Solambo, 26 Cal. 527.) It is not against public policy to allow a partner or agent to locate a mining claim for and in the name of another in his absence. {Boucher v. Mulver-hill, 1 Mont. 310.) Although the verdict may be in accord with the weight of evidence, if the essential points in dispute were by…

1Opinion of the CourtBroderick, J.

This action is in the nature of ejectment, brought to recover the possession of certain placer mining ground situated in Shoshone county. The case was tried before the court with a jury. Verdict and judgment in favor of defendants. The plaintiffs moved for a new trial, which motion was overruled, and from this order and decision the plaintiffs appealed. The motion was made upon a bill of exceptions which contains the substance of a portion of the evidence, and also certain instructions given to the jury, and an exception taken by the plaintiffs to the giving of these instructions. The error…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Rush v. FrenchArizona Supreme Court · 1874
  2. Gore v. McBrayerCalifornia Supreme Court · 1861
  3. Murley v. EnnisSupreme Court of Colorado · 1874
  4. Bradbury v. Idaho & Oregon Land Improvement Co.Idaho Supreme Court · 1886
  5. People v. CraneCalifornia Supreme Court · 1882

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Porter, Exr. v. LerchOhio Supreme Court · 1934
  2. United States v. AlexanderIdaho Supreme Court · 1888
  3. Dunlap v. PattisonIdaho Supreme Court · 1895
  4. Steve v. Bonners Ferry Lumber Co.Idaho Supreme Court · 1907
  5. Schultz v. KeelerIdaho Supreme Court · 1889

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