Ghost v. United States

Citations

• 168 F. 841
• 94 C.C.A. 253
• 1909 U.S. App. LEXIS 4507

Syllabus

<p>1. Appeal and Error (§§ 256, 518'*) — Record—Matters to be Siiown — Motions to Strike out Portions of a Pleading.</p> <p>A motion to strike out portions of an answer and the ruling thereon cannot ho regarded as part of the record, upon a writ of error, unless made such by a bill of exceptions; nor is the ruling upon such a motion open to review where no exception thereto was taken.</p> <p>[Eel. Note. — For other cases, see Appeal and Error, Cent. Dig. §§ 1489, 2352; Dec. Dig. §§ 256, 518.*)</p> <p>2. Courts (§ 356*) — Courts of the United States — Proceedings Preparatory to Obtaining Review of Rulings Not Regulated by State Statutes.</p> <p>In the courts of the United States the proceedings preparatory to obtaining a review of their ruling's, including the questions of when an exception need lie taken and how motions and rulings, not in themselves part of the record, may be made such, are not regulated by state statutes, but by the statutes of the United States, and, if they he silent, by the common law and the practice prevailing in those courts.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. § 937; Dec. Dig. § 356.*]</p> <p>3. Mines and Minerals (§ 7*) — Coal Dand Statute — Eight to Coal Incidentally Removed in Course of Lawful Development Work.</p> <p>Under sections 2347-2852, Rev. St. (U. S. Comp. St. 1901, pp. 1440, 1441), a qualified individual or association who, in responso to the government’s invitation, enters upon public lands in search of coni deposits, and expends time, labor, and means in an honest effort to open and develop-such deposits when found, intending to purchase the lands according to the statute if the coal proves to be such as to give character and value to them, is not a trespasser, but is in the exercise of a privilege conferred by law, and is entitled to such coal as is extracted and removed as-an incident only 1o the reasonable prosecution of that work.</p> <p>TEd. Note. — For other cases, see Mines and Minerals, Cent. D