Meyendorf v. Frohner
Montana Supreme Court
Appeal from First District, Jefferson County. This canse was tried in the court below by Blase, J. The appeal was taken from the judgment of the court sustaining the demurrer to defendants5 answer.
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Appeal from First District, Jefferson County. This canse was tried in the court below by Blase, J. The appeal was taken from the judgment of the court sustaining the demurrer to defendants5 answer. The pleadings and record in this case disclose the following facts: That on the 9th day of June, A. D. 1872, two of the above-named defendants, John Bart-a and Jacob A. Frohner, located two pieces of mineral land which they designated as the Cannon and Cannon Extension Lode claims. That such locations complied substantially with the requirements of the statutes applicable thereto, and that said…
1Opinion of the CourtKnowles, J.
The first proposition I shall consider in this case *318is: Was the demurrer to the new matter set forth in the defendant’s answer properly sustained ? The demurrer is in effect, that the new matter set forth in the answer, in no light in which it can be properly viewed, presents a proper defense to plaintiff’s complaint. The first defense is, that of an estoppel by judgment record. To sustain this the answer alleges that the defendants, Frohner and JBarta, located and become the owners of, by location, certain mining claims, known and described as the Cannon and the Cannon Extension claims ;…
2Cases cited6 opinions
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Mowry v. WhitneySupreme Court of the United States · 1872
- Morris v. Lessee of Josiah Harmer's HeirsSupreme Court of the United States · 1833
- Valentine v. MahoneyCalifornia Supreme Court · 1869
- Mann v. RogersCalifornia Supreme Court · 1868
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3Cited by15 opinions
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