Duggan v. Davey
Supreme Court Of The Territory Of Dakota
A very full statement of facts appears in the opinion of the court. It has been the settled ijolicy of the government to promote the development of the mining resources of the country. Haydenfeldt v. Daney Cold, & Co., 3 Otto 640; Jennison v. Kirk, S Otto 457. The intention of the legislature when ascertained must control, even when necessary to enlarge, restrict or qualify the meaning- of words used.
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A very full statement of facts appears in the opinion of the court. It has been the settled ijolicy of the government to promote the development of the mining resources of the country. Haydenfeldt v. Daney Cold, & Co., 3 Otto 640; Jennison v. Kirk, S Otto 457. The intention of the legislature when ascertained must control, even when necessary to enlarge, restrict or qualify the meaning- of words used. Eureka Richmond Case, 4 Sawyer, 316; Haydenfeldt v. Daven Gold, &Co., 3 Otto, 638. A relocation certificate depends for its vitality on the original location; that, upon a valid discovery of a…
1Opinion of the CourtChurch, J.
This was an action in equity, brought by the plaintiffs, as owners of the Silver Terra mine, to restrain the defendants from prosecuting certain mining operations, by which it was alleged they had already approached, and were threatening and intending to enter within, the lines of the plaintiffs’ claim, and remove certain valuable bodies or deposits of silver ore therefrom. The complaint alleged ownership by the plaintiffs in fee of the Silver Terra mine, (mineral claim lot No. 364,) and described the same by metes and bounds. It also stated sufficient grounds for equitable relief by way of in*115…
2Cases cited13 opinions
- Mining Co. v. TarbetSupreme Court of the United States · 1879
- Golden Fleece G. & S. M. Co. v. Cable Consolidated G. & S. M. Co.Nevada Supreme Court · 1877
- Stockbridge Iron Co. v. Cone Iron WorksMassachusetts Supreme Judicial Court · 1869
- Trenouth v. San FranciscoSupreme Court of the United States · 1880
- Burt v. PanjaudSupreme Court of the United States · 1879
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3Cited by13 opinions
- Stewart Mining Co. v. Ontario Mining Co.Idaho Supreme Court · 1913
- State ex rel. Anaconda Copper Mining Co. v. District Court of the Second Judicial DistrictMontana Supreme Court · 1902
- Parrot Silver & Copper Co. v. HeinzeMontana Supreme Court · 1901
- Doe v. Waterloo Min. Co.U.S. Circuit Court for the District of Southern California · 1893
- Sloss-Sheffield Steel & Iron Co. v. PayneSupreme Court of Alabama · 1914
8 more not listed; retrieve them via the Exa API.