Street v. Delta Mining Co.
Montana Supreme Court
Appeal from District Court, Jefferson County; Lew. L. Callaway, Judge. Action by Alexander S. Street and others against the Delta Mining Company. From a judgment for defendant, plaintiffs appeal. The Rolf declaratory statement is fatally defective, for the reason that it does not state that the vein is cut ten feet below the surface.
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Appeal from District Court, Jefferson County; Lew. L. Callaway, Judge. Action by Alexander S. Street and others against the Delta Mining Company. From a judgment for defendant, plaintiffs appeal. The Rolf declaratory statement is fatally defective, for the reason that it does not state that the vein is cut ten feet below the surface. (Dolan v. Passmore, 34 Mont. 277, 85 Pae. 1034.) The respondent is bound by the description of the discovery work in the declaratory statement, and can prove no other than that in the declaratory statement; in other words, respondent is bound by its record.…
1Opinion of the CourtChief Justice Brantly
This action was brought by appellants in' aid of an adverse •claim filed by them in the United States land office at Helena, against an application for patent by respondent to mining ground situated in Colorado unorganized miming district of Jefferson county. The respondent .applied for patent to. a contiguous group of six locations, designated as the Wiekes, Mammoth, Covelite, Songbird, Ruby, and Daisy lodes. The adverse claim is based on a location designated as the June Bug. The latter was located on June 4, 1902. It is so situated with reference to the respondent’s locations that it…
2Cases cited19 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Finlen v. HeinzeMontana Supreme Court · 1905
- Clipper Mining Co. v. Eli Mining & Land Co.Supreme Court of the United States · 1904
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3Cited by6 opinions
- Ferris v. McNallyMontana Supreme Court · 1912
- Tripp v. Silver Dyke Mining Co.Montana Supreme Court · 1924
- Kramer v. Gladding, McBean & Co.California Court of Appeal · 1938
- Lehman v. SutterMontana Supreme Court · 1921
- Richardson Grain Separator Co. v. Valier Elevator Co.Montana Supreme Court · 1923
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