Legal Opinion

Stewart Mining Co. v. Ontario Mining Co.

Supreme Court of the United States

Decided April 26, 1915No. 205PublishedCited by 15 opinions

ERROR TO! THE SUPREME COURT OF THE STATE OF.IDAHO. The facts, which involve the construction of Rev. Stat., § 2322, and the right of the locator of a mining claim to follow the vein downward, are stated in the opinion.

1Opinion of the CourtJustice McKenna

Contest between the mining companies (they were respectively plaintiff and defendants in the trial court and we shall so designate them) as to certain ore bodies lying beneath the surface of the mining claim of defendants, called the Ontario. Plaintiff asserts ownership to the ore bodies by reason of being owner in fee'and in possession of a quartz lode mining claim named the Senator Stewart Fraction Lode Claim. It is alleged that within such claim there "is a certain vein or lode bearing silver, lead and other valuable minerals of which said vein or lode and the ore and mineral therein…

2Cases cited4 opinions

  1. Iron Silver Mining Co. v. CheesmanSupreme Court of the United States · 1886
  2. Iron Silver Mining Co. v. Elgin Mining & Smelting Co.Supreme Court of the United States · 1886
  3. Stewart Mining Co. v. Ontario Mining Co.Idaho Supreme Court · 1913
  4. Mammoth Mining Co. v. Grand Central Mining Co.Supreme Court of the United States · 1909

3Cited by15 opinions

  1. Butte & Superior Copper Co. v. Clark-Montana Realty Co.Supreme Court of the United States · 1919
  2. Stone v. C. I. T. Corp.Superior Court of Pennsylvania · 1936
  3. Bowden v. DAVISOregon Supreme Court · 1955
  4. Merritt for Merritt v. StateIdaho Supreme Court · 1985
  5. United States Ex Rel. United States Borax Co. v. IckesCourt of Appeals for the D.C. Circuit · 1938

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