The Mining Reports: A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References, Volume 4Callaghan, 1884 - Mining law |
From inside the book
Results 1-5 of 94
Page 18
... contract set forth in a complaint are not admitted by a demurrer : 21 Wall . 430 . 1 The question here is , what was the fact alleged ? And we think the allegation is , that the defendants who purport by the copy annexed to have signed ...
... contract set forth in a complaint are not admitted by a demurrer : 21 Wall . 430 . 1 The question here is , what was the fact alleged ? And we think the allegation is , that the defendants who purport by the copy annexed to have signed ...
Page 19
... contract made by the board of directors . Ultra vires . A corporation is not bound by an unauthorized contract made 1 Carey v . Philadelphia Co. , 1 M. R. 349 . 2 Davis v . Flagstaff Co. , 2 M. R. 661 . by its board of dire tors ; such ...
... contract made by the board of directors . Ultra vires . A corporation is not bound by an unauthorized contract made 1 Carey v . Philadelphia Co. , 1 M. R. 349 . 2 Davis v . Flagstaff Co. , 2 M. R. 661 . by its board of dire tors ; such ...
Page 20
... contract can be treated as ultra rires and is not binding upon the corporation . Allegations on information and belief . Under section 113 of the Practice Act the allegations of a complaint can be made on information and belief ...
... contract can be treated as ultra rires and is not binding upon the corporation . Allegations on information and belief . Under section 113 of the Practice Act the allegations of a complaint can be made on information and belief ...
Page 21
... contract between the plaintiff and Davis set up in the answer did not require the seal of the Flagstaff Company to make it valid and binding : § 37 Amendment of Companies Act , 30 and 31 Victoria , c . 131 ; Cook v . Corporation of Sea ...
... contract between the plaintiff and Davis set up in the answer did not require the seal of the Flagstaff Company to make it valid and binding : § 37 Amendment of Companies Act , 30 and 31 Victoria , c . 131 ; Cook v . Corporation of Sea ...
Page 22
... contract , and having recognized and acted under the same for three years is estopped as an indi- vidual would be under like circumstances , from denying the validity of said contract , and is bound by the same : Bradley v . Ballard ...
... contract , and having recognized and acted under the same for three years is estopped as an indi- vidual would be under like circumstances , from denying the validity of said contract , and is bound by the same : Bradley v . Ballard ...
Contents
8 | |
15 | |
21 | |
67 | |
88 | |
123 | |
134 | |
146 | |
447 | |
464 | |
489 | |
500 | |
513 | |
543 | |
545 | |
552 | |
185 | |
192 | |
235 | |
238 | |
251 | |
256 | |
265 | |
276 | |
281 | |
282 | |
306 | |
319 | |
334 | |
359 | |
368 | |
441 | |
558 | |
571 | |
597 | |
613 | |
649 | |
659 | |
666 | |
674 | |
702 | |
710 | |
719 | |
721 | |
726 | |
746 | |
Common terms and phrases
acquired action admitted agent agreement alleged amount answer appears appellant applied appropriation authority called carried cause charge claim coal common complaint condition considered constructed contract conveyed corporation court creek custom damages deed defendants directors district ditch duty effect entitled error evidence existence extent fact feet filed flow further give given gold granted ground held hold hundred indictment injury instruction intent interest issued judgment jury land limits lode means miners mining mining claim natural necessary notice objection opinion owner paid parties payment person plaintiff possession present prior purchase quantity question reason record reference respect respondents rock rule shaft shares statute stockholders stream sufficient taken testimony thereof tion trial trustees vein
Popular passages
Page 504 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 424 - All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim.
Page 740 - Negligence" has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 448 - And the space of time here referred to as comprehending the sickly season, shall be understood to extend from the first day of May to the first day of November.
Page 504 - ... and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed ; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
Page 678 - The proceeds of all lands that have been or may hereafter be granted by the United States to the state for the support of a university, shall be and remain a perpetual fund, to be called the
Page 423 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth...
Page 683 - An act granting the right of way to ditch and canal owners over the public lands, and for other purposes," shall be abrogated by this act; and all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights...
Page 28 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties, which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Page 207 - The Commissioner of the General Land Office, under the direction of the Secretary of the Interior, is authorized to enforce and carry into execution, by appropriate regulations, every part of the provisions of this title not otherwise specially provided for.