Debney v. Iles
District Court, D. Alaska
By this suit plaintiffs seek to quiet their title to two certain adjoining copper lode claims, the All-American lode mining claim No. 1 and All-American lode mining claim No. 2, in the Valdez recording district, Alaska. The situs of these claims is Solomon Gulch, some four or five miles south from the point where Solomon Gulch creek enters Valdez Bay.
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By this suit plaintiffs seek to quiet their title to two certain adjoining copper lode claims, the All-American lode mining claim No. 1 and All-American lode mining claim No. 2, in the Valdez recording district, Alaska. The situs of these claims is Solomon Gulch, some four or five miles south from the point where Solomon Gulch creek enters Valdez Bay. Plaintiffs by their amended complaint set up their ownership in and possession of these two claims, dating such ownership and possession from March 19, 1904. The defendant Brown was not served and does not appear. The defendant lies by his…
1Opinion of the Court
GUNNISON, District Judge.
At the conclusion of the trial, defendant moved to strike all the testimony of the plaintiffs introduced after the case had been reopened, and renewed their motion for nonsuit. Defendant contends that under the Alaska Code an order of nonsuit dismisses the suit without prejudice, and that when the order of nonsuit is once granted the court cannot reopen the case; the plaintiffs having recourse only to their right to commence a new suit. This contention they base upon sections 377 and 378, pt. 4, p. 227,. Alaska Codes, where it is provided:
“A judgment dismissing an…
2Cases cited15 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Cosmos Exploration Co. v. Gray Eagle Oil Co.Court of Appeals for the Ninth Circuit · 1901
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3Cited by2 opinions
- Kile v. BelisleAlaska Supreme Court · 1988
- Likaits v. JohnsonDistrict Court, D. Alaska · 1914