Madar v. Norman
Idaho Supreme Court
APPEAL from the District Court of First Judicial District for Shoshone County. Hon. Ralph T. Morgan, Judge. Action by a co-owner in a mining claim against other co-owners to collect a share of the expenses incurred in working the mine proportionate to the interest owned by each, and to have the same declared a lien'upon the mine. Demurrer to the complaint was sustained, and on refusal to amend, judgment of dismissal was theTeupon entered. Plaintiff appealed.
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APPEAL from the District Court of First Judicial District for Shoshone County. Hon. Ralph T. Morgan, Judge. Action by a co-owner in a mining claim against other co-owners to collect a share of the expenses incurred in working the mine proportionate to the interest owned by each, and to have the same declared a lien'upon the mine. Demurrer to the complaint was sustained, and on refusal to amend, judgment of dismissal was theTeupon entered. Plaintiff appealed. It is indispensable to the conducting of the business of mining that those owning a major portion of the property should have control in…
1Opinion of the CourtAilshie, C. J.
In this case the trial court sustained a demurrer to the complaint, and on plaintiff’s refusal to amend entered judgment of dismissal against him. This appeal is from the judgment. The only question to be determined on this appeal is whether or not under the provisions of sections 3300 to 3309, Revised Statutes, all the co-*588owners in a mine are mining partners by virtue and reason of their ownership, or whether it is necessary for them to unite in actually working the mine in order to become such partners. If the ownership alone is all that is essential to the creation of a mining partnership,…
2Cases cited7 opinions
- Prince v. LambCalifornia Supreme Court · 1900
- Anaconda Copper Mining Co. v. Butte & Boston Mining Co.Montana Supreme Court · 1896
- Charles v. EshlemanSupreme Court of Colorado · 1879
- Hawkins v. Spokane Hydraulic Mining Co.Idaho Supreme Court · 1891
- Nolan v. LovelockMontana Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Peterson v. BeggsCalifornia Court of Appeal · 1915
- Schmidt v. HortonNevada Supreme Court · 1930
- Kline v. WrightDistrict Court, D. Idaho · 1931
- Sather Lease--Thomas Sather & Co. v. CommissionerUnited States Board of Tax Appeals · 1932