ELDER v. HORSESHOE MINING & MILLING CO.

No. 220.

194 U.S. 248 (1904)

ELDER v. HORSESHOE MINING AND MILLING COMPANY.

Supreme Court of United States.

Decided May 2, 1904.


Attorney(s) appearing for the Case

Mr. Eben W. Martin and Mr. Norman T. Mason for plaintiffs in error.

Mr. Chambers Kellar for defendants in error, cited as to sufficiency of notice, Reilly v. Phillips, 4 S. Dak. 604; S.C., 57 N.W. Rep. 780, and distinguished cases on brief of plaintiffs in error; and cited as to sufficiency of publication: Rokensdorff v. Taylor's Lessee, 4 Pet. 349; Nevada v. Yellow Jacket M. Co., 5 Nevada, 415; Bachelor v. Bachelor, 1 Massachusetts, 256; Sheldon v. Wright, 5 N.Y. 497; Alcott v. Robinson, 21 N.Y. 150; De Peyster v. Michael, 6 N.Y. 467; Wood v. Moorehouse, 45 N.Y. 368; Chamberlain v. Dempsey, 13 Abb. Pr. 421; Steinze v. Bell, 12 Abb. Pr. (N.S.) 171; Wood v. Knapp, 100 N.Y. 109; Savings & Loan Society v. Thompson, 32 California, 347; Cox v. Lumber Co., 51 N.W. Rep. 1130; Knowlton v. Knowlton, 39 N.E. Rep. 595; Madden v. Cooper, 47 Illinois, 359; Pierson v. Bradley, 48 Illinois, 250; Andrews v. People, 84 Illinois, 28; Garrett v. Mauss, 20 Illinois, 549; Raum v. Leech, 54 N.W. Rep. 1058; Johnson v. Hill, 62 N.W. Rep. 930; Wilson v. Scott, 29 Ohio St. 636; Martin v. Hawkins, 35 S.W. Rep. 1104; McDonald v. Cooper, 32 Fed. Rep. 745.


MR. JUSTICE PECKHAM, after making the above statement of facts, delivered the opinion of the court.

The Federal questions which arise in this case are based upon the statute of the United States already referred to in the foregoing statement of facts, being section 2324 of the Revised Statutes, the material portion of which is set forth in the margin.1

The plaintiffs in error contend that...

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