Orr v. Haskell
Montana Supreme Court
Appeal from Thi/rd District, Lewis and Clarke County. The judgment was rendered by Wade, J. The following sections of the Civil Practice Act are referred to in the opinion: “ In actions respecting mining claims, proof shall be admitted of the customs, usages and regulations established and in force in the mining district embracing such claim; and such customs, usages and regulations, when not in conflict with the laws of this Territory, shall govern the decision of the…
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Appeal from Thi/rd District, Lewis and Clarke County. The judgment was rendered by Wade, J. The following sections of the Civil Practice Act are referred to in the opinion: “ In actions respecting mining claims, proof shall be admitted of the customs, usages and regulations established and in force in the mining district embracing such claim; and such customs, usages and regulations, when not in conflict with the laws of this Territory, shall govern the decision of the action.” Civ. Pr. Act, § 504. “Upon retiring for deliberation, the jury may take with them all papers (except depositions),…
1Opinion of the CourtSekvis, J.
This was an action to recover possession of certain placer mining ground described in the complaint as situate in “ Helena Hill District, Lewis and Clarke county., Montana Territory.” The complaint also alleged that plaintiff was the owner thereof, and seized in fee; that. defendants ousted him from the possession and wrongfully and unlawfully withheld the same.
The defendants, by answer, substantially denied all the allegations of the complaint, and averred that they were possessed of and the owners of 600 feet of the property in question, describing the same.
Hpon this state of the pleadings,…
2Cited by10 opinions
- Gibson v. Morris State BankMontana Supreme Court · 1914
- Morgan v. Butte Central Mining & Milling Co.Montana Supreme Court · 1920
- Jones v. ShannonMontana Supreme Court · 1918
- Murphy v. PhelpsMontana Supreme Court · 1892
- Northwestern Electric Equipment Co. v. LeightonMontana Supreme Court · 1923
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