Legal Opinion

Wigand v. Byrne's Unknown Heirs

Court of Appeals for the Ninth Circuit

Decided February 13, 1928No. 5043PublishedCited by 1 opinion

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above).

In the adjudicated cases there is dearth of precise definition of the nature of the work on a placer mining claim that will be accepted as meeting the requirement that .“not less than one hundred dollars worth of labor shall be performed or improvements made during each year.” It is held that the statute should be given a liberal construction, McCulloch v. Murphy (C.C.) 125 F. 147, and we find no case that holds that $100 worth of work done on a placer mining claim in good faith, in the belief that it will result in the development or improvement of the…

2Cases cited6 opinions

  1. McCulloch v. MurphyU.S. Circuit Court for the District of Nevada · 1903
  2. Mount Diablo Mill & Mining Co. v. CallisonU.S. Circuit Court for the District of Nevada · 1879
  3. Wailes v. DaviesU.S. Circuit Court for the District of Nevada · 1907
  4. Hough v. HuntCalifornia Supreme Court · 1902
  5. Richen v. DavisOregon Supreme Court · 1915

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3Cited by1 opinion

  1. Pinkerton v. MooreNew Mexico Supreme Court · 1959

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