Swanson v. Kettler
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. Edward A. Walters,. Judge. Application for patent to mineral ground by appellant. Respondent adverses. Judgment for respondent. A relocation under the law is merely a new location of ground formerly held but abandoned. When one claim is abandoned and another located-, all rights are -determined with reference to the new location.
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APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. Edward A. Walters,. Judge. Application for patent to mineral ground by appellant. Respondent adverses. Judgment for respondent. A relocation under the law is merely a new location of ground formerly held but abandoned. When one claim is abandoned and another located-, all rights are -determined with reference to the new location. (Cheesman v. Shreeve, 40 Fed. 787; Van Valkenburg v. Suff, 1 Nev. 142; Lavagnino v. JJhligr 198 U. S. 443, 25 Sup. Ct. 716, 49 L. ed. 1119.) No rights being claimed by the Emma…
1Opinion
ON PETITION FOB REHEARING.
AILSHIE, J.
— A petition has been filed in this ease by the respondents, asking for a rehearing on tbe single question of estoppel. Tbe contention made for rehearing is that tbe court decided tbe case on a purely federal question, and that tbe decision of this court is therefore reviewable by tbe supreme court of tbe United States; that tbe question of estop-pel is not a federal question, and that if the contention made on this point should be decided in favor of respondents, such *340decision would render the judgment of this court final and not reviewable by the supreme…
2Cases cited3 opinions
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- Rutland R. Co. v. Central Vermont R. Co. (Two Cases)Supreme Court of the United States · 1895