McQuillan v. Tanana Electric Co.
District Court, D. Alaska
Demurrer to complaint. Plaintiffs allege that on and prior to November 1, 1905, they were, and ever since have been, and now are the owners and in the lawful occupation and possession of the certain placer mining claim described in their complaint, containing 160 acres, and allege that said claim was duly marked and staked upon the ground, and notice of location thereof duly recorded, and discovery of gold thereon duly made.
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Demurrer to complaint. Plaintiffs allege that on and prior to November 1, 1905, they were, and ever since have been, and now are the owners and in the lawful occupation and possession of the certain placer mining claim described in their complaint, containing 160 acres, and allege that said claim was duly marked and staked upon the ground, and notice of location thereof duly recorded, and discovery of gold thereon duly made. For cause of action against defendant, plaintiffs allege: That between'the 1st day of November, 1905, and the 5th day of February, 1906, the deféndant forcibly and with…
1Opinion of the Court
WICKERSHAM, District Judge.
Sections 322 and 323 of' the Code of Civil Procedure of Alaska were adopted by Congress from Oregon, and are identical with sections 338 and 339 of the Code of Civil Procedure of that state, and are as follows:
“See. 322. Whenever any person shall cut down, girdle, or otherwise injure, or carry off any tree, timber, or shrub on the land of another person, or on the street or highway in front of any person’s house, village, town, or city lot, or cultivated grounds, or on the commons or public grounds of any village, town, or city, or on the •street or highway in front…
2Cases cited18 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Stone v. United StatesSupreme Court of the United States · 1897
- Forbes v. GraceySupreme Court of the United States · 1877
- Shiver v. United StatesSupreme Court of the United States · 1895
- Campbell v. RankinSupreme Court of the United States · 1879
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3Cited by2 opinions
- Nygard v. DickinsonCourt of Appeals for the Ninth Circuit · 1938
- Duffy v. StrandbergDistrict Court, D. Alaska · 1915