Penn v. Oldhauber
Montana Supreme Court
Appeal Jrom District Court, Deer Lodge County; Theo. Brantly, Judge. Ejectment by Gr. W. Penn, and others against Claus Oldbauber. From a judgment in favor of defendant, and from an order denying a motion for a new trial, plaintiffs appeal. Statement oe the Case.
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Appeal Jrom District Court, Deer Lodge County; Theo. Brantly, Judge. Ejectment by Gr. W. Penn, and others against Claus Oldbauber. From a judgment in favor of defendant, and from an order denying a motion for a new trial, plaintiffs appeal. Statement oe the Case. This action is a suit in ejectment brought by plaintiffs against defendant to recover possession of a quartz lode mining claim, known as the “Blue Bell,” situated in an unorganized mining district in Deer Lodge county. In his answer the defendant denied the ownership and right of possession of the plaintiffs to the premises described…
1Opinion of the CourtJustice Word
In the progress of the trial certain of plaintiffs’ witnesses were each asked, in substance, the question: “Do you know what were the rules and customs among miners in that district [meaning the district in which the Blue Bell lode was situated] as to the number of day’s work that constituted a hundred dollars worth of work?” The answer in each instance was, substantially: “Yes; twenty days’ work.” To this question, whenever asked, the defendant’s counsel objected on the ground that the same was incompetent, irrelevant, and immaterial, for the reason that the rules and customs as to the…
2Cases cited3 opinions
- Chambers v. HarringtonSupreme Court of the United States · 1884
- Jackson v. RobySupreme Court of the United States · 1883
- Mattingly v. LewisohnMontana Supreme Court · 1893
3Cited by6 opinions
- McCulloch v. MurphyU.S. Circuit Court for the District of Nevada · 1903
- Schlegel v. HoughOregon Supreme Court · 1947
- Ettien v. DrumMontana Supreme Court · 1905
- Town of Sentinel v. BoggsSupreme Court of Oklahoma · 1936
- Kramer v. TaylorOregon Supreme Court · 1954
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