Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 2

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...16 id. 573; Attwood v. Fricot, 17 id. 37; Yale Min. Laws, 61. The appellants' affidavit for a continuance showed that the ground was within an organized mining district and held under miners' rules. Respondent could introduce no proof until they showed that there was a tract known as " claim N o. 2, Green Horn gulch." Yale's.Min. Laws, 61--6; Line Y. Co. v. Oregon C0., 7 Cal. 40; Table M. T. C0. v. Stra/nahan, 20 id. 198; Ki/ng v. _E'dwarals, 1 Mon. 235. No testimony could be admitted until this was proved. The deed Was properly excluded. Hicks v. Coleman, 25 Cal. 134; Hess v. Winder, 30 id. 358. The judgment roll in Rankin v. Campbell et al. was not res aaljudieata of any of the rights in this case, and was therefore excluded. Kennedy v. Seovil, 14 Conn. 70, and authorities above cited The receipt of evidence out of its proper order is within the discretion of the court. Its reception or rejection is not error un less there is an abuse of this discretion. Lick v. Diaz, 37 Cal. 437; U-rosett v. W/ielcentsm,44 Cal. 200. As to estoppel by record generally, see Freeman on J udgt., BLAKE, J. The appellants bring this action to recover damages for an alleged trespass upon placer mining property. They allege in their complaint that they are the owners and possessors of " what is known and designated as claim number two below discovery in Green Horn gulch, Meagher county, Montana Territory." They describe the premises as follows: "Commencing at the intersection of the rim rocks of Green Horn gulch with Confederate gulch, and extending up said Green Horn gulch to the lower line of what is known as claim number one below discovery in Green Horn gulch, a distance of about two hundred feet, anshow more

Product details

  • Paperback | 258 pages
  • 189 x 246 x 14mm | 467g
  • United States
  • English
  • black & white illustrations
  • 1236816765
  • 9781236816764