Lehman v. Sutter
Montana Supreme Court
Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by Oswald Lehman against Julian A. Sutter and others. Judgment for defendants and plaintiff appeals.
1Opinion of the CourtChief Justice Brantly
This action was brought in pursuance of section 2326 of the Revised Statutes of the United States (U. S. Comp. Stats., sec. 4623), to determine an adverse claim to the Royal Dixie *99and Dixie Extension lode mining claims, situate in Fergus county, of which plaintiff alleges he is the owner. To his second amended complaint, the defendants Julian A. Sutter, Eduard Sutter and C. B. Noble demurred, on the ground that it did not state facts to constitute a cause of action, and that it was ambiguous, unintelligible and uncertain. One Claudia Wegner was made a party defendant, but she did not appear…
2Cases cited7 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- Brown v. GurneySupreme Court of the United States · 1906
- Farrell v. LockhartSupreme Court of the United States · 1908
- McKay v. McDougallMontana Supreme Court · 1901
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3Cited by7 opinions
- Conway v. FabianMontana Supreme Court · 1939
- Harvey v. HavenerMontana Supreme Court · 1959
- Laguna Development Co. v. McAlester Fuel Co.New Mexico Supreme Court · 1977
- Wilderness Society v. DombeckCourt of Appeals for the Ninth Circuit · 1999
- Sellers v. TaylorIdaho Supreme Court · 1929
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