SPEED v. McCARTHY

No. 230.

181 U.S. 269 (1901)

SPEED v. McCARTHY.

Supreme Court of United States.

Decided April 29, 1901.


Attorney(s) appearing for the Case

Mr. George Lines for plaintiff in error. Mr. James W. Fowler, Mr. Frederick H. Whitfield, Mr. Charles Quarles and Mr. Joseph V. Quarles were on his brief.

Mr. W.L. McLaughlin for defendant in error. Mr. Charles W. Brown and Mr. Daniel McLaughlin were on his brief.


MR. CHIEF JUSTICE FULLER delivered the opinion of the court.

It is objected that jurisdiction of this writ of error cannot be maintained because no title or right was specially set up or claimed within section 709 of the Revised Statutes. But plaintiffs in error contend that, while they admit that they made no specific reference to the statutes of the United States, their pleading, nevertheless, showed that they asserted title through valid mining claims duly located...

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