Legal Opinion

St. Louis Min. & Mill. Co. v. Montana Min. Co.

Court of Appeals for the Ninth Circuit

Decided October 8, 1900No. 594PublishedCited by 11 opinions

In Error to the Circuit Court of the United States for the Distinct of Montana. This is an action originally brought by the St. Louis Mining & Milling Gompany, a Montana corporation, plaintiff in error, in the circuit court of the United States for the district of Montana, to recover damages for trespass, and the value of certain ores alleged to have been wrongfully appropriated and taken by the Montana Mining Company, Limited, a corporation of Great Britain, defendant in…

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In Error to the Circuit Court of the United States for the Distinct of Montana. This is an action originally brought by the St. Louis Mining & Milling Gompany, a Montana corporation, plaintiff in error, in the circuit court of the United States for the district of Montana, to recover damages for trespass, and the value of certain ores alleged to have been wrongfully appropriated and taken by the Montana Mining Company, Limited, a corporation of Great Britain, defendant in error. After trial by a court and jury, resulting in a verdict for the plaintiff in error in the sum of S23,20O, plaintiff…

1Opinion of the CourtMorrow, Circuit Judge

(after stating the facts as above). The assignments of error raise but one (Question which need- now be passed upon, all others having been adjudicated, upon the writ of *667error of the defendant in error herein, in the case of Montana Min. Co. v. St. Louis Min. & Mill. Co. (C. C. A.) 102 Fed. 430. The question for present consideration is: When a secondary or accidental vein crosses a common side line between two mining locations at an angle, and the apex of the vein is of such width that it is for a given distance partly within one claim and partly within the other, to whom does such portion…

2Cases cited6 opinions

  1. Iron Silver Mining Co. v. Elgin Mining & Smelting Co.Supreme Court of the United States · 1886
  2. Argentine Mining Co. v. Terrible Mining Co.Supreme Court of the United States · 1887
  3. Fitzgerald v. ClarkMontana Supreme Court · 1895
  4. Walrath v. Champion Mining Co.Supreme Court of the United States · 1898
  5. Montana Min. Co. v. St. Louis Min. & Mill. Co. of MontanaCourt of Appeals for the Ninth Circuit · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Last Chance Min. Co. v. Bunker Hill & S. Mining & Concentrating Co.Court of Appeals for the Ninth Circuit · 1904
  2. United States Min. Co. v. DawsonCourt of Appeals for the Eighth Circuit · 1904
  3. Empire State-Idaho Mining & Developing Co. v. Bunker Hill & Sullivan Mining & Concentrating Co.Court of Appeals for the Ninth Circuit · 1902
  4. Montana Mining Co. v. St. Louis Min. & Mill. Co. of MontanaCourt of Appeals for the Ninth Circuit · 1906
  5. Montana Mining Co. v. St. Louis Min. & Mill Co. of MontanaCourt of Appeals for the Ninth Circuit · 1910

6 more not listed; retrieve them via the Exa API.

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