Honaker v. Martin
Montana Supreme Court
Appeal from Fifth Judicial District, Jefferson County. Action to recover possession of a mining claim. The cause was tried before Galbraith, J. Plaintiff had judgment below. If respondent resumed work in 1890 he should have performed one hundred dollars’ worth of work, and to the extent as required by law. {Lacey v. Woodward, 25 Pac.
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Appeal from Fifth Judicial District, Jefferson County. Action to recover possession of a mining claim. The cause was tried before Galbraith, J. Plaintiff had judgment below. If respondent resumed work in 1890 he should have performed one hundred dollars’ worth of work, and to the extent as required by law. {Lacey v. Woodward, 25 Pac. Rep. 785, New Mexico, Jan. 1891.) The court erred in instructing the jury, in substance, that the hauling of boards, etc., upon the Lone Star Claim, without making any further use of them, is not annual expenditure on a mining claim under section 2324 •of the…
1Opinion of the CourtBlake, C. J.
This action was commenced by Honaker, the respondent, to recover the possession of the Lone Star Lode Mining Claim. The answer alleges that “ no work or improvements were done or performed upon said Lone Star Mine or claim in the year 1889, and in consequence thereof said claim was forfeited if it ever existed.” The court instructed the jury that the evidence “shows that the plaintiff Honaker did not do the required amount of work on said claim in said year 1889, and that, therefore, said claim was open to relocation, by any proper person, on the 1st of January, 1890. .... But to this the…
2Cases cited10 opinions
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