Bohanon v. Howe
Idaho Supreme Court
APPEAL from District Court, Lemhi County. In an action between claimants to determine the right of possessiou to a mining claim, the plaintiffs must allege and show all the qualifications necessary to entitle them to purchase, among which must be included an allegation that the plaintiff is a citizen, or has declared his intention to become such; and, when the action is tried by the court alone, all these facts must be found.
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APPEAL from District Court, Lemhi County. In an action between claimants to determine the right of possessiou to a mining claim, the plaintiffs must allege and show all the qualifications necessary to entitle them to purchase, among which must be included an allegation that the plaintiff is a citizen, or has declared his intention to become such; and, when the action is tried by the court alone, all these facts must be found. (H. S. Rev. Stats., sec. 2319; Act July 26, 1866, see. 1; Rosenthal v. Ives, ante, p. 265, 12 Pae. 904.) No mining customs or rules and regulations can be made which…
1Opinion of the CourtBroderick, J.
This action was commenced in the district court in and for Lemhi county against the defendants for trespassing upon certain placer mining ground, for damages, and for equitable relief by injunction to restrain future trespasses. The case was tried by the court without a jury. *455Judgment for the plaintiff, and defendants appealed. The plaintiff alleged, among other facts, that he was the owner, entitled to the possession, and had been in the actual possession, by himself and through his grantors, for more than fifteen years last past. The answer for the defendants denies the essential…
2Cases cited4 opinions
- North Noonday Mining Co. v. Orient Mining Co.United States Circuit Court · 1880
- Doon v. TeshCalifornia Supreme Court · 1885
- Hess v. WinderCalifornia Supreme Court · 1866
- Rosenthal v. IvesIdaho Supreme Court · 1887
3Cited by4 opinions
- McFeters v. PiersonSupreme Court of Colorado · 1890
- Buckley v. FoxIdaho Supreme Court · 1902
- Lee v. Justice Mining Co.Colorado Court of Appeals · 1892
- Lee v. Justice Mining Co.Colorado Court of Appeals · 1892