Legal Opinion

Flynn Group Mining Co. v. Murphy

Idaho Supreme Court

Decided May 23, 1910Published

APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. ¥m. W. Woods, Judge. An action brought in support of an adverse claim on application for a patent to a mining claim. Judgment for the defendant. The surface ground of a lode mining claim can only be of the length of 1,500 feet and width of 600 feet, but if the location exceeds that it is void only as to excess. (Burke v. McDonald, 2 Ida. 679, 33 Pac. 49, 13 Morr. Min. Rep. 325; 1 Lind.

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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. ¥m. W. Woods, Judge. An action brought in support of an adverse claim on application for a patent to a mining claim. Judgment for the defendant. The surface ground of a lode mining claim can only be of the length of 1,500 feet and width of 600 feet, but if the location exceeds that it is void only as to excess. (Burke v. McDonald, 2 Ida. 679, 33 Pac. 49, 13 Morr. Min. Rep. 325; 1 Lind. Mines, 2d ed., sec. 362; Snyder on Mines, 398; Stem-winder Min. Go. v. Emma Min, Go., 2 Ida. 456, 21 Pac. 1040; Jupiter…

1Opinion

ON PETITION FOR REHEARING.

SULLIVAN, C. J.

A petition for rehearing has been filed’ in this matter, whereby it is contended that the rule laid down in this case is in conflict with the rule laid down in the case of Nicholls v. Lewis & Clark Min. Co., ante, p. 224, 109 Pac. 846, decided at this term.

After a careful examination of both opinions, we are unable; to find any conflict between the rules laid down therein.. *281Counsel for appellant also contends that the rule laid down in subdivisions 4, 7 and 8 of the syllabus is not the rule that should obtain in this state, and if it is the established…

2Cases cited1 opinion

  1. Nicholls v. Lewis & Clark Mining Co.Idaho Supreme Court · 1910

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