Marsh Mining Co. v. Inland Empire Mining & Milling Co.
Idaho Supreme Court
APPEAL from the District Court of the the First Judicial District, for Shoshone County. Hon. John M. Flynn, Presiding Judge. Action to condemn a portion of a patented mining claim for mining purposes. Judgment for plaintiff.
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APPEAL from the District Court of the the First Judicial District, for Shoshone County. Hon. John M. Flynn, Presiding Judge. Action to condemn a portion of a patented mining claim for mining purposes. Judgment for plaintiff. Where property is sought to be taken by condemnation, if upon the hearing there is a total lack of competent evidence, or none at all, to prove the existence of the public necessity for the taking, and a taking is decreed, such decision and decree operate to take the defendant’s property without due process of law and in violation of the fourteenth amendment of the…
1Opinion of the CourtMorgan, J.
Respondent is the owner of certain mining claims known as the Marsh Group, situated in Leland Mining District, Shoshone county. Appellant is the owner of -a pat*6ented mining claim known as the Never Sweat Lode, which contains between eleven and twelve acres. The land embraced within the Marsh Group and all that embraced within the Never Sweat, except a small portion which is comparatively level, lying along a stream called Canyon Creek, is situated upon steep mountainsides. This action was commenced by respondent in order to acquire for mining purposes, under the power of eminent domain, the…
2Cases cited22 opinions
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- Matter of City of BuffaloNew York Court of Appeals · 1877
- Cary Library v. BlissMassachusetts Supreme Judicial Court · 1890
- Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
- Samish River Boom Co. v. Union Boom Co.Washington Supreme Court · 1903
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