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 11Callaghan, 1887 - Mining law |
From inside the book
Results 1-5 of 80
Page 66
... decree in Wood v . Sutliffe , and a partial element in the title of the plaintiffs in Pennington v . Brinksop Hall Coal Co. , it did not enter at all into the consideration of Mason v . Hill . There , indeed , it was expressly put aside ...
... decree in Wood v . Sutliffe , and a partial element in the title of the plaintiffs in Pennington v . Brinksop Hall Coal Co. , it did not enter at all into the consideration of Mason v . Hill . There , indeed , it was expressly put aside ...
Page 90
... decree such as he recommends should be made . " From this decree this appeal was taken by defendant , which alleged that the court erred in sustaining the master's findings of fact . In finding that the plaintiff is not estopped from ...
... decree such as he recommends should be made . " From this decree this appeal was taken by defendant , which alleged that the court erred in sustaining the master's findings of fact . In finding that the plaintiff is not estopped from ...
Page 91
... decree made enjoining the defendant . HAMPTON & DALZELL , for appellant . GEORGE SHIRAS , JR . , T. H. BAIRD PATTERSON and M. W. ACHESON , for appellee . 1 Mr. Justice GORDON delivered the opinion of the court . The power of the courts ...
... decree made enjoining the defendant . HAMPTON & DALZELL , for appellant . GEORGE SHIRAS , JR . , T. H. BAIRD PATTERSON and M. W. ACHESON , for appellee . 1 Mr. Justice GORDON delivered the opinion of the court . The power of the courts ...
Page 97
... Decree affirmed . 1. Coal dust considered as a nuisance : Barrow v . Richard , 8 Paige Ch . 351 . 2. Right of action against upper proprietor for pollution of stream : Wood v . Wand , 3 Exch . 748 . 3. Jury to determine amount of ...
... Decree affirmed . 1. Coal dust considered as a nuisance : Barrow v . Richard , 8 Paige Ch . 351 . 2. Right of action against upper proprietor for pollution of stream : Wood v . Wand , 3 Exch . 748 . 3. Jury to determine amount of ...
Page 142
... decree an account of the damages or waste at the same time with an injunction , and make a decree to settle the entire contro- versy . 1 Thomas v . Oakley , 7 M. R. 254 . Appeals from the Court of Common Pleas of Clarion County 142 OIL .
... decree an account of the damages or waste at the same time with an injunction , and make a decree to settle the entire contro- versy . 1 Thomas v . Oakley , 7 M. R. 254 . Appeals from the Court of Common Pleas of Clarion County 142 OIL .
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Common terms and phrases
action adverse possession agreed agreement alleged amount answer appears assigned Assumpsit authority avers barrels bill coal Coleman colliery complainant concern contract conveyance copartners Cornwall Furnace Court of Chancery court of equity damages debts declared decree deed defendant defendant's delivered dissolution ditch entitled erected error evidence fact farm fee simple filed firm grant ground Grubb held hills injunction injury interest iron issue John Nash judgment jury land lease Lebanon county liable lode Lord Maute ment mineral mining claim Mining Company notice nuisance opinion owners paid parties partner patent payment persons plaint plaintiff plaintiffs in error possession premises profits purchase purpose question refused res adjudicata respect respondents rule share shareholders Slemmer Smith sold statute stream suit Supreme Court tenants in common thereof tion tract trade trial undivided verdict William Crawshay
Popular passages
Page 616 - 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 516 - ... be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing (3 RS 6 ed.
Page 64 - ... it seems but reasonable and just that the neighbor, who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...
Page 649 - The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer.
Page 54 - I think, my lords, that, in a case of that description, the submission which is required from persons living in society to that amount of discomfort which may be necessary for the legitimate and free exercise of the trade of their neighbors would not apply to circumstances the immediate result of which is sensible injury to the value of the property.
Page 54 - ... the public at large. If a man lives in a street where there are numerous shops, and a shop is opened next door to him, which is carried on in a fair and reasonable way, he has no ground for complaint, because to himself individually there may arise much discomfort from the trade carried on in that shop.
Page 688 - ... upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation 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 694 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Page 617 - Islands, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this Act, in the absence of any adverse claim; but nothing in this Act shall be deemed to impair any lien which may have attached in any way whatever prior to the issuance of a patent.
Page 666 - In testimony whereof, I have caused these letters to be made patent, and the seal of the Department of the Interior of the United States to be hereunto affixed.