Dahl v. Montana Copper Co
| Decision Date | 25 November 1889 |
| Citation | 10 S.Ct. 97,132 U.S. 264,33 L.Ed. 325 |
| Parties | DAHL v. MONTANA COPPER CO |
| Court | U.S. Supreme Court |
W. H. De Witt, for plaintiff in error.
This is an action to quiet the title to certain placer mining ground, 20 acres in extent, in Silver Bow county, Mont., claimed by the plaintiff below, the Montana Copper Company, under a location made in March, 1879, against the assertion of ownership by the defendant to a portion of the premises as a lode claim under a location made in March, 1881. The plaintiff applied for a patent for its placer ground in November, 1880, and notice of the application was published by the register of the local land-office, and all the other provisions of the statute required in such cases were complied with. No adverse claim was filed by the defendant or any one else during the period of publication. The Dahl lode claim was not located until after that period had expired. The defendant is therefore precluded from questioning the right of the plaintiff to a patent for the premises, and, of course, from objecting either to the location or its character as placer ground. The only question open to him in this controversy is whether the lode or vein claimed by him was known to exist at the date of the plaintiff's application, none having been included in such application, and upon that question a jury have passed, and found specially that no lode or vein was then known to exist within the boundaries of the placer claim.
The case is similar in this respect to the one just decided, (Dahl v. Raunheim, ante, 74.) But the plaintiff in error endeavors to raise another question in this court, namely, as to the competency of the Montana Copper Company, the plaintiff below, to do business in the territory, and, consequently, to maintain any suit respecting its property, because it does not appear that it has complied with the conditions imposed by the statute of the territory to its transacting business there. That statute, which was passed in July, 1879, provided that all foreign corporations organized under the laws of any state of territory of the United States, or by virtue of any special acts of the legislative assembly of such state or territory, or of any foreign government, should, before doing business within the territory, file in the office of its secretary, and in the office of the county recorder of the county wherein they intend to carry on business, an authenticated copy of their charter or certificate of incorporation, and also a statement verified by their president and secretary, and attested by a majority of the board of...
To continue reading
Request your trial
-
Jones v. United States
... ... Hon. William H. Hunt, United States District Judge for the ... district of Montana presiding in the Circuit Court, the ... attorney for the United States moved for a severance of ... City of Pittsburgh v. Jonathan Clark & Sons Co., 154 ... F. 464, 467, 83 C.C.A. 262; Dahl v. Montana Copper ... Co., 132 U.S. 264, 267, 10 Sup.Ct. 97, 33 L.Ed. 325; ... Morrison v ... ...
-
Valley Lumber & Manufacturing Co. v. Driessel
... ... 313, 15 ... P. 451; Southern P. R. Co. v. Pursell, 77 Cal. 69, ... 18 P. 886-889; Dahl v. Montana Copper Co., 132 U.S ... 264, 33 L.Ed. 325, 10 S.Ct. 97; Ency. of Pl. & Pr., 89, 90, ... ...
-
Candless v. Furlaud
...v. Estes (C.C.A.) 128 F. 584, 585, 586. 7 St. Louis Southwestern R. Co. v. Henson (C.C.A.) 58 F. 531. 8 Dahl v. Montana Copper Co., 132 U.S. 264, 10 S.Ct. 97, 33 L.Ed. 325. 9 McLaughlin v. United States, 107 U.S. 526, 528, 108 U.S. 510, 2 S.Ct. 802, 862, 27 L.Ed. 621, 806. 10 Northwestern S......
-
Valley Lumber & Mfg. Co. v. Nickerson
... ... 151, 13 P. 313, 15 P. 451; Southern P. R. Co. v ... Pursell, 77 Cal. 69, 18 P. 886-889; Dahl v. Montana ... Copper Co., 132 U.S. 264, 33 L.Ed. 325, 10 S.Ct. 97; ... Ency. Pl. & Pr. 89, 90, ... ...