Fitzgerald v. Clark
Montana Supreme Court
Appeal from Second Judicial District, Silver Dow Coimty. Action to recover the value of ore. The cause was tried before McHatton, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. The respondents own an undivided two-thirds interest in the Niagara quartz lode mining claim. The appellant William A. Clark owns the other one-third in said claim. The appellants own the Black Rock quartz lode mining claim.
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Appeal from Second Judicial District, Silver Dow Coimty. Action to recover the value of ore. The cause was tried before McHatton, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. The respondents own an undivided two-thirds interest in the Niagara quartz lode mining claim. The appellant William A. Clark owns the other one-third in said claim. The appellants own the Black Rock quartz lode mining claim. The surface relations of the two mining claims are indicated upon the annexed diagram, marked “Figure 1.” It will be more convenient in this statement…
1Opinion of the CourtDe Witt, J.
This case was tried in the district court after the decision of King v. Amy & Silversmith Min. Co., 9 Mont. 543, and before the reversal of that decision on appeal to the United States supreme court (152 U. S. 222, 14 Sup. Ct. 510). The case was tried upon the assumption that the law as attempted to be declared in 9 Mont, was correct. The district court instructed the jury upon this theory, and the judgment gave to the Niagara people the two-thirds value of the ore taken by the Black Rock east of the point where the apex of the vein passed entirely into the Niagara ground, namely, point A on…
2Cases cited18 opinions
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Mining Co. v. TarbetSupreme Court of the United States · 1879
- Iron Silver Mining Co. v. Elgin Mining & Smelting Co.Supreme Court of the United States · 1886
- King v. Amy & Silversmith Mining Co.Supreme Court of the United States · 1894
- Shreve v. Copper Bell Mining Co.Montana Supreme Court · 1891
13 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Rhodes v. RhodesAlaska Supreme Court · 1962
- Williams v. StateCourt of Criminal Appeals of Oklahoma · 1950
- Kahle v. Crown Oil Co.Indiana Supreme Court · 1913
- Kinzel v. West Park Investment CorporationSupreme Court of Missouri · 1959
- Grand Central Min. Co. v. Mammoth Min. Co.Utah Supreme Court · 1905
18 more not listed; retrieve them via the Exa API.