The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-21

by the amendments the plaintiff seeks
| to have title quieted to veins in two
claims, while the complaint only men
| toned one claim-the Pennsylvania
| Mr.. Scallon said that the defendant
| would be taken by surprise and placed
| at great disadvantage if the amend
| ments were allowed. and that it had
had a right to rely, and had relied.
! upon the statement of the complaint as
| to the exact veins claimed by the plain
tiff He said that he made the further
objection that the amendments were
not offered to make the pleadings con-
| form to the evidence. but to raise new
issues and set up claim Of owner
| ship to new veins, and that they make
the complaint uncertain as to the
veins which the court was asked to
quiet title to. He declared that it
would be absolutely unjust. after two
years of litigation and a trial lasting
| over two months. in which the defend
| ant had introduced all its evidence with
| a view to meeting the issues in the
| complaint. if the defendant were now
required to submit to the proposed
| changes in the issues. He said that
the plaintiff may have had the inten-
ton to spring the amendments pro-
| posed al this time. from the beginning
| of the case.
Mr.. Forbes supplemented Mr.. Seal
i Ions statements with the declaration
that the plaintiff. by the amendments,
wanted to extend its claim to veins
| from the middle of the Johnstown
| claim southwark to the Pennsylvania
boundary, and involve the Snowbird
| claim.
Judge Mediation replied to Messrs
scallon and Forbis opposing the
ground taken by them.
The application for the allowance of
| the amendments was submitted, and the
court granted it and allowed the
| amendments. Mr.. Scallon took an ex-
| ception. In making his ruling Judge
| Clancy said that the civil procedure
! provided for amendments to pleadings,
therefore he felt it his duty to allow
| the amendments.
Mr.. Scallon rose and made motion
that the court suspend the trial of the
| case temporarily, and grant the de-
| PENDANT time in which to make devel-
opments in the Snowbrd claim and the
other ground containing the new veins
brought into the issues of the case by
| the amendments just allowed, calculat-
ed to show the physical conditions rel
| at1ve to the veins named. He asked
leave to file an affidatvit in support
of his motion, when he should have it
prepared. and said that it would take
five or six months to make the devel-
opments necessary to prepare the de-
| PENDANT to meet the new issues
The court overruled the motion and
denied the application for leave to file
the affidavit, without comment, and
Mr.. Scallon took an exception.
Mr.. scallon announced that the de-
PENDANT would file an answer to the
amendments to the complaint, and
Judge Mediation asked for time in
which to examine the answer before it
should be presented to the court 1t
was half past 10 o'clock, and his honor
adjourned the case to o'clock in order
to allow Judge Mediation the time
asked for
The time allowed Judge Mediation
was also for the purpose of providing
an opportunity for the PLAINTIFFS coun-
sci to draft a replication to the an
was not ready at l o'clock, and a re-
cess was taken till 2. At that hour
court was reopened, and Mr.. Scallon
, renewed his motion to suspend the case
and the motion was overruled again
and excepted to. A motion. made by
Mr. Scallon, to strike out all the plain
tiff's evidence relating to the Pennsyl-
vania No 2 vein on the ground that the
exclusion of the Pennsylvania location
! notice from evidence made the evil
dence immaterial, was overruled ano
excepted to.
Mr.. Cotter opened the PLAINTIFFS ar
gument on the evidence in the case a
five minutes past o'clock.
He said that the case was one OF
/ the most remarkable he ever heard OF
respecting the number of features con
tanned in 1T. The plaintiff, he said
claimed the decided portion of tbs
JohnstoWn claim under a deed of con.
Veyance. Then he went on to say that
the location of the Johnstown claim
could not have been made better as re-
lates to the way the veins run if the
locator had been guided by engineers
The plaintiff claims that the veins
In the controversy apex in it's ground
and that some of them cross both OF
its end lines and that the others cross
one end line at one end and the soutf
side line at the other, east of the east
end line of the Pennsylvania claim
extralateral rights between the enc
line crossed and the point on the side
line where the veins cross that line
Mr.. Cotter read complaints from two
cases brought in the United States
court, and said that the defendant al
veins in dispute apex in the Johnstowr
claim and extend into the Pennsyl.
vania claim on their dip but that ex.
tralateral rights We're cut off by thu
fact that the faults destroyed the con
i tinuity of the veins. In this case, how.
ever, he said the defendant claims tina
the apexes are in it's ground.
Mr.. Cotter said that the defendant
decided the divided ground to the plain
tiff in 1883, with all it's veins and theil
dips ana angles. Ii the deed did not
convey the veins in their dips, the
plaintiff got nothing. Mr.. Cotter read
decision setting up the legal prnci-
pie of eXtralateral rights and said that
the principle gives the plaintiff the
right to follow the veins on their dip
He declared that the east and west
veins are continuous through the faults
and said that the witnesses for the
plaintiff testified that the veins GO
through the faults as matter of fact
He commended that the plaintiffs wit
nesses testified that they had traced
and followed the veins through the
faults by actual examination while
the defendants testimony was made
up of conclusions based upon the OBJ
servation of general conditions, and
that the evidence of the former was of
greater value than that of the latter.
} Mir. COtter went into the evidence in
detail. asserting that it went to up-
hold the plaintiffs case. AS to the
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