Territory of Montana v. Mackey
Montana Supreme Court
Appeal from, the Second Judicial District, Deer Lodge County. STATEMENT. The indictment set forth the offense of the defendant in the following language: “That one Joseph Mackey, late of the county of Deer Lodge, Montana Territory, on or about the fifth day of July, A. D. 1887, at the county of Deer Lodge, and Territory of Montana, did wilfully and unlawfully obliterate, deface, and destroy a notice of location, placed upon the Oregon Quartz Lode Mining Claim by one Steven…
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Appeal from, the Second Judicial District, Deer Lodge County. STATEMENT. The indictment set forth the offense of the defendant in the following language: “That one Joseph Mackey, late of the county of Deer Lodge, Montana Territory, on or about the fifth day of July, A. D. 1887, at the county of Deer Lodge, and Territory of Montana, did wilfully and unlawfully obliterate, deface, and destroy a notice of location, placed upon the Oregon Quartz Lode Mining Claim by one Steven Severson and James Meyer, lawfully claiming said Oregon Lode Mining Claim under .and by virtue of said location notice.”…
1Opinion of the CourtMcConnell, C. J.
In this case the attorney-general for the Territory “ moves the court to dismiss the appeal, .... for the reason that the transcript was not filed within thirty days after the taking of said appeal.” The transcript was filed July 6, 1888, the notice of appeal was served upon the county attorney and the District Court clerk of Deer Lodge County, the place of trial, on the fourteenth day of May, 1888, and the necessary undertaking on appeal was executed May 17, 1888; hence the appeal was consummated on that day. (Comp. Stats. § 398, p. 477.) It will thus be seen that fifty days elapsed between…
2Cases cited2 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Territory v. FlowersMontana Supreme Court · 1876
3Cited by3 opinions
- Territory of Montana v. LannonMontana Supreme Court · 1889
- McLaughlin v. MichelSouth Dakota Supreme Court · 1900
- Shreve v. Copper Bell Mining Co.Montana Supreme Court · 1891