Jones v. Pacific Dredging Co.
Idaho Supreme Court
APPEAL from District Court of Lemhi County. Honorable J. C. Rich, Judge. . Action to quiet possession and title to certain placer mining ground. Judgment for plaintiffs. The court erred in allowing the supplemental complaint to be filed for the reasons: (a) It does not state- a cause of action; (b) It appears from same that the time had expired in which it could be filed; (c) No connection is shown between the supplemental and original complaint.
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APPEAL from District Court of Lemhi County. Honorable J. C. Rich, Judge. . Action to quiet possession and title to certain placer mining ground. Judgment for plaintiffs. The court erred in allowing the supplemental complaint to be filed for the reasons: (a) It does not state- a cause of action; (b) It appears from same that the time had expired in which it could be filed; (c) No connection is shown between the supplemental and original complaint. The demurrers raise the same legal question, in addition, that of ambiguity and uncertainty. For this reason, the same argument applies to both…
1Opinion of the CourtSullivan, C. J.
This action was originally brought on July 17,1901, to quiet the title to certain placer mining ground. The defendant McNutt filed his answer disclaiming any interest whatever in said mining ground. The appellant corporation filed a general demurrer to the complaint, which was overruled by the court. The cause was thereafter removed to the •circuit court of the United States, and was thereafter remanded to the state court where the action was commenced.
On May 8, 1902, a supplemental complaint was filed to which a general and special demurrer were filed, both of which were overruled by the…
2Cases cited4 opinions
- Stoddard v. Onondaga Annual Conference of the Methodist Protestant ChurchNew York Supreme Court · 1851
- Miller v. Pine Mining Co.Idaho Supreme Court · 1892
- Axiom Min. Co. v. LittleSouth Dakota Supreme Court · 1894
- Brock v. Northwestern Fuel Co.Supreme Court of the United States · 1889
3Cited by3 opinions
- McMullin v. MagnusonSupreme Court of Colorado · 1938
- Fegtly v. Village Blacksmith Mining Co.Idaho Supreme Court · 1910
- Smith v. WheelerDistrict Court, D. Alaska · 1915