Legal Opinion

Fredricks v. Klauser

Oregon Supreme Court

Decided July 14, 1908PublishedCited by 10 opinions

From Baker: William Smith, Judge. Statement by Mr. Justice Moore. This is a suit by George W. Fredricks against Antone Klauser, to enjoin the continuation of an alleged trespass upon certain real property.

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From Baker: William Smith, Judge. Statement by Mr. Justice Moore. This is a suit by George W. Fredricks against Antone Klauser, to enjoin the continuation of an alleged trespass upon certain real property. It is averred in the complaint that the plaintiff is the owner and in the possession of two unpatented quartz mining claims in Baker county, known as the “Highland Chief” and the “Gold Dust,” particularly describing them, and setting forth the several steps taken to initiate and to maintain a right to the possession of the premises; that about September 10, 1906, the defendant unlawfully…

1Opinion of the CourtJustice Moore

The plaintiff alleges that, from the time the Highland Chief, and the Gold Dust claims were severally located, he and his predecessors in interest annually expended in labor and improvements upon each of such claims a sum in excess of $100. The complaint does not aver that plaintiff owned more than these two claims, or state that in their development they had been treated as a group, upon only one of which claims the annual assessment work had been done for the benefit of both. So far, then, as the plaintiff’s primary pleadings sets forth the facts constituting his alleged right to equitable…

2Cases cited6 opinions

  1. Altoona Quicksilver Mining Co. v. Integral Quicksilver Mining Co.California Supreme Court · 1896
  2. Gird v. California Oil Co.U.S. Circuit Court for the District of Southern California · 1894
  3. Royston v. MillerU.S. Circuit Court for the District of Nevada · 1896
  4. Hough v. HuntCalifornia Supreme Court · 1902
  5. Honaker v. MartinMontana Supreme Court · 1891

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Nevada Exploration & Mining Co. v. SpriggsUtah Supreme Court · 1912
  2. Golden Giant Mining Co. v. HillNew Mexico Supreme Court · 1921
  3. Swanson v. KettlerIdaho Supreme Court · 1909
  4. Kramer v. TaylorOregon Supreme Court · 1954
  5. Kirkpatrick v. CurtissWashington Supreme Court · 1926

5 more not listed; retrieve them via the Exa API.

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