Peters v. Tonopah Min. Co.

Citations

• 120 F. 587
• 1903 U.S. App. LEXIS 5295

Syllabus

<p>1 Equity — Exceptions to Answer — Failure to Answer Immaterial Alle- . GATIONS.</p> <p>An exception will not lie to an answer in equity for the failure to answer and admit or deny an allegation of the bill unless sucb allegation is material.</p> <p>3. Same — Immaterial Allegations — Recording Notice oe Mining Location.</p> <p>Neither the laws of the United States nor of Nevada require the notice of location of a lode mining claim to be recorded, and hence, unless a rule of the mining district requiring such recording is shown, an averment in a bill that complainant recorded its notice of location of a claim is immaterial, and need not be answered.</p> <p>¶ 1. See Equity, vol. 19, Cent. Dig. § 428.</p> <p>3. Same — Attaching Exhibits to Bill.</p> <p>An answer in a suit in equity in a federal court is not subject to exception because it fails to answer an averment of the bill that a true and correct copy of a plat referred to therein is attached and made an exhibit, there being no rule of pleading requiring the attaching of such exhibits.</p>