Brown v. Levan
Idaho Supreme Court
APPEAL from District Court, Boise County. The second point on which the court granted, the nonsuit was "that the location notice and record of the Magpie claim failed to sufficiently describe the locus of the claim with reference to natural objects of permanent monuments as required by section 2324 of the United States Revised Statutes and section '3102 of the Revised Statutes of Idaho.
Read the full summary
APPEAL from District Court, Boise County. The second point on which the court granted, the nonsuit was "that the location notice and record of the Magpie claim failed to sufficiently describe the locus of the claim with reference to natural objects of permanent monuments as required by section 2324 of the United States Revised Statutes and section '3102 of the Revised Statutes of Idaho. On this point the evidence shows that John Brown, the locator, was unable to read or write. That for this reason William Francis wrote the location notice that was posted on the east center end stake, and the…
1Opinion of the CourtMorgan, C. J.
(After Stating the Facts.) — The specifications of error are as follows: “1. The court erred in granting the motion for and entering judgment of nonsuit; 2. The court erred in refusing to admit the evidence of Hastings as to» the value of the ore extracted from the Magpie claim by defendants, based upon samples taken by witnesses from the vein surrounding the ore that had been extracted.” The ground upon which the motion for nonsuit was made and sustained is - “Because said location notice fails to designate either natural objects or permanent monuments, as required by the Revised Statutes of…
2Cases cited6 opinions
- Gleeson v. Martin White Mining Co.Nevada Supreme Court · 1878
- Dillon v. BaylissMontana Supreme Court · 1891
- Darger v. Le SieurUtah Supreme Court · 1892
- Gilpin County Mining Co. v. DrakeSupreme Court of Colorado · 1885
- Mace v. Gaddis, Washington Territory1887
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Morrison v. ReganIdaho Supreme Court · 1902
- Norrie v. FlemingIdaho Supreme Court · 1941
- Clearwater Short Line Railway v. San GardeIdaho Supreme Court · 1900
- Golden Condor, Inc. v. BellIdaho Supreme Court · 1987
- Golden Condor, Inc. v. BellIdaho Supreme Court · 1987