Butte Consolidated Mining Co. v. Barker
Montana Supreme Court
Appeal from, District Court, Silver Bow County; Jno. B. Mc-Clernan, Judge. Suit by the Butte Consolidated Mining Company against Samuel Barker, Jr., in support of an adverse to a mining claim. From a judgment for plaintiff and an order denying him a new trial, defendant appeals. Citing on the question of the sufficiency of the location notices of the Annex and Plumber locations: Fleming v. Daly, 12 Colo. App. 439, 55 Pac. 946-949; Beale v. Cone, 27 Colo. 473, 83 Am.
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Appeal from, District Court, Silver Bow County; Jno. B. Mc-Clernan, Judge. Suit by the Butte Consolidated Mining Company against Samuel Barker, Jr., in support of an adverse to a mining claim. From a judgment for plaintiff and an order denying him a new trial, defendant appeals. Citing on the question of the sufficiency of the location notices of the Annex and Plumber locations: Fleming v. Daly, 12 Colo. App. 439, 55 Pac. 946-949; Beale v. Cone, 27 Colo. 473, 83 Am. St. Rep. 92, 62 Pác. 948-959; Terrible Min. Co. v. Argentine Min. Go., 89 Fed. 583; Cheeseman v. Shrieve, 40 Fed. 787; Copper…
1Opinion
On Rehearing.
(Submitted May 25, 1907. Decided June 8, 1907.)
In tunnel locations veins which show on the surface cannot be located. It is only the hidden and unknown veins which may thus be appropriated. It is not contemplated that there shall be anything at all on the surface either as to development work or croppings. The discovery in the tunnel is the only requisite in such locations, so far as the discovery of a vein is concerned. (Enterprise Min. Co. v. Rico-Aspen Con. Min. Co., 167 U. S. 108, 17 Sup. Ct. 762, 42 L. Ed. 96; Campbell v. Ellet, 167 U. S. 116, 17 Súp. Ct. 765, 42 L. Ed.…
2Cases cited4 opinions
- Brewster v. ShoemakerSupreme Court of Colorado · 1900
- Enterprise Mining Co. v. Rico-Aspen Consolidated Mining Co.Supreme Court of the United States · 1897
- Butte Consolidated Mining Co. v. BarkerMontana Supreme Court · 1907
- Campbell v. ElletSupreme Court of the United States · 1897