I thought it could be an early marlin 94 , with that octagon barrel, but the my Marlin doesn't have as big a cutout on top,in front of the tang. 94 Win. then. It would have to be pre 1930 as mine doesn't have as tight a curve in the butt plate,nor does it go over the top of the stock.

If God wanted you to walk and carry things on your back, He would not have invented stirrups and pack saddles