Murray v. Heinze
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow Ccnmty. Action to recover possession of a mining claim and for the forfeiture of a lease. Plaintiff’s motion for a new trial was granted by Speer, J. Statement of the case by the justice delivering the opinion. This is an action to recover possession of the Estella lode mining claim, situated in Silver Bow county, and to have declared forfeited a certain lease of said mine executed by plaintiff to defendant.
Read the full summary
Appeal from Second Judicial District, Silver Bow Ccnmty. Action to recover possession of a mining claim and for the forfeiture of a lease. Plaintiff’s motion for a new trial was granted by Speer, J. Statement of the case by the justice delivering the opinion. This is an action to recover possession of the Estella lode mining claim, situated in Silver Bow county, and to have declared forfeited a certain lease of said mine executed by plaintiff to defendant. As far as the same may be necessary, reference will be made to the pleadings, evidence, and instructions in the opinion. The case was…
1Opinion of the CourtPemberton, C. J.
Among other things, the lease mentioned above contains this clause: “It is also agreed by and between the parties hereunto that the said second party shall furnish the first party or his agent a statement on the first day of each and every month during the existence of this lease, showing the amount of ore extracted from said mine, and the value of the same; and, further, that all work done on said mine shall be done in a good and workmanlike manner; and it is further understood that a failure on the part of said second party to comply with any of the foregoing conditions will annul this…
2Cases cited26 opinions
- Pence v. LangdonSupreme Court of the United States · 1879
- Bennecke v. Insurance Co.Supreme Court of the United States · 1882
- Stackpole v. HallahanMontana Supreme Court · 1895
- Emerson v. County of Santa ClaraCalifornia Supreme Court · 1871
- Aguirre v. AlexanderCalifornia Supreme Court · 1881
21 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Allen v. Bear Creek Coal Co.Montana Supreme Court · 1911
- German-American Sav. Bank v. GollmerCalifornia Supreme Court · 1909
- Talley v. WhitlockSupreme Court of Alabama · 1916
- O'Connell v. State Board of EqualizationMontana Supreme Court · 1933
- Stadler v. First National BankMontana Supreme Court · 1899
43 more not listed; retrieve them via the Exa API.