City of Butte v. Mikosowitz
Montana Supreme Court
Appeal from, District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by the City of Butte against Joseph Mikosowitz. Judgment for plaintiff, and defendant appeals. It will be claimed by the plaintiff that it has a right of way by prescription, under the statutes of the United States, but that character of a claim is not pleaded in the complaint.
Read the full summary
Appeal from, District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by the City of Butte against Joseph Mikosowitz. Judgment for plaintiff, and defendant appeals. It will be claimed by the plaintiff that it has a right of way by prescription, under the statutes of the United States, but that character of a claim is not pleaded in the complaint. Even if it was permitted to introduce evidence in support of that claim, the evidence is insufficient to establish its right as claimed, for that character of a right cannot be claimed over land situated as this was, and passed over by the…
1Opinion of the CourtJustice Holloway
This is an action in the nature of ejectment, by the city of Butte against Joseph Mikosowitz, to regain possession of a strip of ground alleged to be a public street. The defendant, in effect, denies that the ground is, or ever was, a public street or highway, or that the city owns an easement over the land for street purposes. By way of an affirmative defense the defendant alleges that he is the owner, in possession, and entitled to the possession, of the Lucky Boy quartz lode mining claim, a portion of which is claimed by the city for street purposes; that the plaintiff has heretofore at…
2Cases cited9 opinions
- Smith v. MitchellWashington Supreme Court · 1899
- McRose v. BottyerCalifornia Supreme Court · 1889
- Wells v. Pennington CountySouth Dakota Supreme Court · 1891
- Streeter v. StalnakerNebraska Supreme Court · 1901
- Capital Lumber Co. v. BarthMontana Supreme Court · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Southern Utah Wilderness Alliance v. Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2005
- Lindsay Land & Live Stock Co. v. ChurnosUtah Supreme Court · 1929
- Watson v. DundasMontana Supreme Court · 2006
- Lovelace v. HightowerNew Mexico Supreme Court · 1946
- State ex rel. Dansie v. NolanMontana Supreme Court · 1920
27 more not listed; retrieve them via the Exa API.