Marshall v. Harney Peak Tin Mining, Milling & Manuf'g Co.
South Dakota Supreme Court
Appeal from district court, Pennington county, Hon. Charles M. Ti-iomas,. Judge. Action of ejectment to recover possession of certain mining ground claimed by the parties under conflicting locations and for equitable relief. Verdict for the defendants directed by the court, and judgment entered accordingly. Plaintiff appeals. The plaintiffs as discoverers of the lode had sixty days from the date of discovery in which to complete their location and record their claim. Comp.
Read the full summary
Appeal from district court, Pennington county, Hon. Charles M. Ti-iomas,. Judge. Action of ejectment to recover possession of certain mining ground claimed by the parties under conflicting locations and for equitable relief. Verdict for the defendants directed by the court, and judgment entered accordingly. Plaintiff appeals. The plaintiffs as discoverers of the lode had sixty days from the date of discovery in which to complete their location and record their claim. Comp. Laws, §§ 1999, 2001, 2003, 2001; Erhardt v. Boaro, 113 U. S. 527, 5 Sup. Ct. Rep. 560-Omar v. Soper, 18 Pac. 443; Mining…
1Opinion of the CourtBennett, J.
This was an action of ejectment brought by appellants against respondents io recover possession of 750 feet of mining ground claimed by the parties under conflicting locations. A count for equitable relief was joined, and at the close of the testimony, when both sides had rested, the defendants’ counsel moved the court to instruct the jury to return a verdict for defendants. The motion was sustained, and the ruling was duly excepted to. The jury returned a verdict for the defendants, and judgment was entered accordingly, from which judgment the plaintiffs appeal.
At the threshold of the case…
2Cases cited23 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Parks v. RossSupreme Court of the United States · 1851
18 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Johnson v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1946
- Sanders v. NobleMontana Supreme Court · 1899
- Ernster v. ChristiansonSouth Dakota Supreme Court · 1909
- Clinkscales v. Wisconsin Granite Co.South Dakota Supreme Court · 1916
6 more not listed; retrieve them via the Exa API.