O'Donnell v. Glenn
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. The cause was tried before De "Wolfe, J. Statement of facts, prepared by the judge who delivered the opinion. This action is the ordinary one between claimants of quartz mining ground, brought to determine the right of possession and the right to proceed in the United States land office to obtain a patent to the premises.
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Appeal from Second Judicial District, Silver Bow County. The cause was tried before De "Wolfe, J. Statement of facts, prepared by the judge who delivered the opinion. This action is the ordinary one between claimants of quartz mining ground, brought to determine the right of possession and the right to proceed in the United States land office to obtain a patent to the premises. The plaintiff founds his rights upon a location of a claim called the Flapjack; defendants upon their Argonaut Claim. The respective locations are in geographical conflict. The validity of the Argonaut location notice…
1Opinion of the CourtDe Witt, J.
The sufficiency of the location notice of the Argonaut Claim is no longer an open question in this case. It was decided to be invalid on the former appeal. (8 Mont. 248.) That decision is now the law of this case. The other consideration is whether the common error sought to be proved and *461relied upon by defendants was, in fact, a common error, and wbetber, as such, it was of a nature to make good, for the purposes of the action, the defective location- notice. The District Court held that both the existence and effect of a common error of this sort is a question for the court and not the…
2Cases cited8 opinions
- Green v. Lessee of NealSupreme Court of the United States · 1832
- Hamilton v. RussellSupreme Court of the United States · 1803
- McKeen v. Delancy's LesseeSupreme Court of the United States · 1809
- Corn Exchange Bank v. . Nassau BankNew York Court of Appeals · 1883
- Panaud v. JonesCalifornia Supreme Court · 1851
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3Cited by10 opinions
- Mares v. DillonMontana Supreme Court · 1904
- McCowan v. MaclayMontana Supreme Court · 1895
- Brownfield v. BierMontana Supreme Court · 1895
- Preston v. HunterCourt of Appeals for the Ninth Circuit · 1895
- Hickey v. Anaconda Copper Mining Co.Montana Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.