Wenner v. McNulty
Montana Supreme Court
Appeal from District Court, Silver Bow County. The declaratory statement is void because the oath of the locator is not made upon his own knowledge. Without a record to give notice, there is no location.
Read the full summary
Appeal from District Court, Silver Bow County. The declaratory statement is void because the oath of the locator is not made upon his own knowledge. Without a record to give notice, there is no location. Butcher v. Ilauswirth, 4 Mont. 299, and cases cited; Russell v. Hoyt, 4 Mont. 412, particularly p. 421. Our statutes in relation to verification of pleadings always provide when it can be done by an agent or attorney; and statutes which contemplate such a way of proceeding generally provide therefor. Section 873, division 5, of Revised Statutes of Montana, contains no such provision. This…
1Opinion of the Court
The opinion states the case.
McConnell, C. J.
This is an action of ejectment brought under section 2326, Revised Statutes of the United States, to contest the right of the defendants to *33a patent to a *• certain tract and parcel of land and mining ground situated in the Summit Valley mining district, in Silver Bow County,” Montana, called by the plaintiff the Jennie Dell lode mining claim, and by the defendants the Beauty Quartz lode mining claim. Upon the trial, the plaintiff introduced a notice of location, duly verified by oath, and in all other respects complying with the provisions of the…
2Cases cited1 opinion
- Kennon v. GilmerMontana Supreme Court · 1885
3Cited by7 opinions
- Metcalf v. PrescottMontana Supreme Court · 1891
- Mares v. DillonMontana Supreme Court · 1904
- McCowan v. MaclayMontana Supreme Court · 1895
- Preston v. HunterCourt of Appeals for the Ninth Circuit · 1895
- McMillen v. Ferrum Mining Co.Supreme Court of Colorado · 1903
2 more not listed; retrieve them via the Exa API.