The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1919-06-05

"HE SUPREME court HaS "i'A
ed the decision of Judge r. N.
Dunn. of the eighth judicial dis
- trict. in the case of lndepend-
ence Placer Mining company VS.. Her.
man Knaus, William Mullan, w. H.
Simons, Mrs. w. A. Simons and Henry
Lyle. The case involved the owner
ship Of five placer claims on the
Clearwater which had been held for
manv years by the independence
company and which were relocated 10y
defendants or their agents In 1915.
The claims are situated in Clearwater
county. Suit to quiet title was
brought by the Independence COM
pany in Clearwater county and the
case was transferred for trial to koot-
enai county The chief stockholders
of the independence Placer Mining
company are William Fable, M. Vinas,
Otto Trojanowsky, Claus Anderson,
Emil Pfster and Morton Webster The
plaintiff company was represented IN
the trial by Walter H. Hanson and II.
T. Howard Attorneys for the de-
fendant were John M. Gleason, Joseph
II Morton and H. ]. Hull. The It'll
giants are all we'll known citizens OF
this city, and aside from the local IN
terest that attaches to the case OH
that account, the decision of the su-
preme court contains a sound ana lu-
cid construction of the law governing
the location of mining claims that Is
nj general interest beyond the imme-
date issue discussed and passed up
on Chief Justice Morgan rendered
the decision. Justices Rice and Bulge
concurring. The text of the decision
follows
Syllabus.
! II is not necessary to allege In
the complaint, in suit to quiet tltie
TO mining claims, the manner III
which thew were located ror the quail
ifications of the locators. 1t Is ne
cessary to allege the ultimate fact Oh
plaintiff's interest in or claim TO the
property.
2 An error or defect in the plead
ings or proceedings which does not
affect the substantial rights OF the
parties is not ground for reversal OF
the judgment.
8. If, by any reasonable construc-
tion. in view Of the surrounding CIT
cumstances, the language employed III
the description of mining claim VIII
;rnart notice to subsequent locators
Il Is sufficient.
A. Findings of fact. made by ira
Judge who has had the beneht OF oo'
serving the demeanor Of witnesses up
IN the stand and Of listening to theii
testimony, will not be disturbed pe'
cause of conflict If the evidence II
sunport thereof, IL uncontradlctea
would be sufficient to sustain IT,
Decision.
On March 7, 1905, the Aggy, mae
nendence and Moose placer mining
claims were located. and on Octope'
20. 1906. the locators conveyed them u
resnondent. While 1t does not appea
mat the original Aggy location ha
over been abandoned, respondent
amployes. on September II, 1915 re
located the ground embraced witni'
thot claim as three claims called tn
Aggy, Gold Dollar and Falls ana W
toher 13. 1918, conveyed the same =
resnondent. On May 20, 1916 Jac
Moore and w. r. Simons. acting 10
and on behalf of appellants, locate
and on June s. 1915, caused to pc re
corded notices Of location OF the mon
tana. Virginia, oregon, Texas, Ken
tuckv. Idaho, Missouri, Illinois an
utah nlacer mining claims. Becaus
of conflict in these locations RESPOND
ont commenced this action IN Cied'
water county where the grouho
situated. to quiet it's title. The caus
was transferred to and tried In koo'
enai county where decree was er
tered ouieting respondents titie' ITO
which and from an order denying
motion for a new trial Appeals NAY
been taken. The appeals were heal
,opether and will be disposed OF
one opinion.
Annellants demurred to the con
plaint generally and specially al
have assigned as error the faiiure
tho court to sustain their special d
murrer, which was based upon q
ground that portions of the compiai
were ambiguous. unintelligible and Vi
certain. It is insisted that the cor
plaint does not show where respon