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 1Callaghan, 1883 - Mining law |
From inside the book
Results 1-5 of 78
Page 4
... verdict of a jury ; nor is it the pro- vince of such court to try legal titles . When , therefore , such issues arise in the progress of a cause , if the court does not of its own motion remit the parties to an action at law , it is the ...
... verdict of a jury ; nor is it the pro- vince of such court to try legal titles . When , therefore , such issues arise in the progress of a cause , if the court does not of its own motion remit the parties to an action at law , it is the ...
Page 7
... Verdict for plaintiff . Defendant , on appeal to this court , based his case upon the fact that an instruction asked by de- fendant , upon the question of abandonment , had been given , subject to a qualification stated in the opinion ...
... Verdict for plaintiff . Defendant , on appeal to this court , based his case upon the fact that an instruction asked by de- fendant , upon the question of abandonment , had been given , subject to a qualification stated in the opinion ...
Page 9
... verdict was found for the plaintiff Ankeny , for the sum of $ 523.60 . A motion was made for a new trial , which was allowed , unless Ankeny would remit $ 220 , which he consented to do ; and , thereupon , judgment was rendered for ...
... verdict was found for the plaintiff Ankeny , for the sum of $ 523.60 . A motion was made for a new trial , which was allowed , unless Ankeny would remit $ 220 , which he consented to do ; and , thereupon , judgment was rendered for ...
Page 14
... verdict of the jury to the prejudice of the defendant . The general rule is , that where an errone us instruction has been given , the judgment must be reversed , unless it appear from the record that the appellant has not been ...
... verdict of the jury to the prejudice of the defendant . The general rule is , that where an errone us instruction has been given , the judgment must be reversed , unless it appear from the record that the appellant has not been ...
Page 15
... verdict been different , we are inclined to think that the plaintiff , on appeal , would have been entitled to a reversal on that ground . Giving the instruction greater purpose than is claimed for it by appellants , and assuming that ...
... verdict been different , we are inclined to think that the plaintiff , on appeal , would have been entitled to a reversal on that ground . Giving the instruction greater purpose than is claimed for it by appellants , and assuming that ...
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Common terms and phrases
abandonment acquired action adverse possession affidavits agent alleged amount answer appear appellant appropriation authority Bank Bear River Belk bill Boultbee Caribou cestui que trust charge coal colliery commenced complaint contract conveyance conveyed corporation counsel court of equity creek damages Dawley decree Deer Lodge county defendants District Court ditch entitled equity error evidence fact feet fendant filed Flume grant grantors held instructions interest judgment jurisdiction jury lease lode ment mining claim Mining Company mining ground mining purposes notice objection occupation opinion owner paid parties patent person plaint plaintiff plaintiff in error Post premises principal prior proof purchase quartz question record relocation respondent rule shaft statute of limitations stockholders Storey county subscribers sufficient Supreme Court surface tenants in common testimony thereof tion tract transaction trial trust tunnel vein verdict Wetmore witness Yuba River
Popular passages
Page 531 - ... the claim or mine upon which such failure occurred shall be open to re-location in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns or legal representatives, have not resumed work upon the claim after failure and before such location.
Page 689 - 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 558 - Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits...
Page 541 - ... [Provided, That the period within which the work required to be done annually on all unpatented mineral claims shall commence on the first day of January succeeding the date of location of such claim, and this section shall apply to all claims located since the tenth day of May, anno Domini eighteen hundred and seventy-two.
Page 587 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. 'Aqua currit et debet currere ut currere solebat
Page 563 - ... all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.
Page 512 - ... upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to re-location in the same manner as if no location of the same had ever been made...
Page 504 - All valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States...
Page 236 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the...
Page 236 - For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: 1.