Stewart Mining Co. v. Ontario Mining Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, iu and for Shoshone County. Hon. W. "W. Woods, Judge. Action to determine the ownership of a vein or lode on its dip outside of the surface boundaries of the Stewart Fraction mining claim and to obtain an injunction pendente lite. Application for injunction denied. “Always in questions on the working of mines, the doubt should be resolved in favor of granting the writ.” (Gilpin v. Sierra Nevada etc.
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APPEAL from the District Court of the First Judicial District, iu and for Shoshone County. Hon. W. "W. Woods, Judge. Action to determine the ownership of a vein or lode on its dip outside of the surface boundaries of the Stewart Fraction mining claim and to obtain an injunction pendente lite. Application for injunction denied. “Always in questions on the working of mines, the doubt should be resolved in favor of granting the writ.” (Gilpin v. Sierra Nevada etc. Go., 2 Ida. 709, 23 Pae. 547, 1014, 17 Morr. Min. Rep. 210.) An injunction should be granted, pending the determination of the issue…
1Opinion of the CourtSullivan, J.
— This appeal is from an order denying the application of the appellant for an injunction pendente lite. The complaint alleges the ownership by the appellant of the Stewart Fraction quartz lode mining claim and that within said claim is a vein or lode, the top or apex of which crosses the easterly end line of said claim at approximately the center thereof between corners 1 and 2 and extends within the boundaries of said claim in a westerly direction, following the general course of said vein for a distance of 705 feet, more or less; that said vein has a downward course, and descends into the…
2Cases cited1 opinion
- Safford v. FlemmingIdaho Supreme Court · 1907
3Cited by4 opinions
- Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
- Stewart Mining Co. v. Ontario Mining Co.Idaho Supreme Court · 1913
- Yonkers Raceway, Inc. v. Standardbred Owners Ass'nDistrict Court, S.D. New York · 1957
- McMonigle v. Behring Dredging Co.District Court, D. Alaska · 1916