Tiggeman v. Mrzlak
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. Action by John H. Tiggeman against George Mrzlalr. From a judgment in part for plaintiff, and from an order denying him a new trial he appeals. Patented and unpatented adjoining claims are monuments and so are mining shafts. And such a monument is .sufficient to identify a claim. (Upton v. Larkin, 7 Mont. 449, 17 Pac. 728; see, also, Garfield etc. Min.
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Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. Action by John H. Tiggeman against George Mrzlalr. From a judgment in part for plaintiff, and from an order denying him a new trial he appeals. Patented and unpatented adjoining claims are monuments and so are mining shafts. And such a monument is .sufficient to identify a claim. (Upton v. Larkin, 7 Mont. 449, 17 Pac. 728; see, also, Garfield etc. Min. Co. v. Hammer, 6 Mont. 53, 8 Pac. 153; Hammer v. Garfield etc. Min. Go., 130 U. S. 291, 9 Sup. Ct. 548, 32 L. Ed. 964; Biste v. Morton, 20 Mont. 139, 49 Pac. 656; Dillon…
1Opinion of the CourtChief Justice Brantly
The defendant, claiming to be the owner of mining ground situated in Summit Valley unorganized mining district, in Silver Bow county, under locations designated as the Vienna and Croatian quartz lodes, made his applications to the United States for patents therefor through the land office at Helena. The plaintiff, claiming a prior right to portions of the ground under each of three locations designated as the Walstadde, Gold Star, and Black Cloud, brought this action to determine the right to the possession of the portions in controversy in pursuance of the requirements of the federal…
2Cases cited11 opinions
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Garfield M. & M. Co. v. HammerMontana Supreme Court · 1886
- Copper Mountain Mining & Smelting Co. v. Butte & Corbin Con. Copper & Silver Mining Co.Montana Supreme Court · 1909
- Upton v. LarkinMontana Supreme Court · 1888
- Morrison v. ReganIdaho Supreme Court · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Tosco Corp. v. HodelDistrict Court, D. Colorado · 1985
- Lombardo Turquoise Milling & Mining Co., Inc. v. HemanesDistrict Court, D. Nevada · 1977
- Street v. Delta Mining Co.Montana Supreme Court · 1910
- Gray v. CoykendallNevada Supreme Court · 1931
- Wilderness Society v. DombeckCourt of Appeals for the Ninth Circuit · 1999
1 more not listed; retrieve them via the Exa API.