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 85
Page 8
... deliver the oil can , an er- rand wholly outside of his own duty , and injury befell him , as has been described , his father can not recover in the present The conduct of the boy can not be regarded as less than negligent . ] [ We have ...
... deliver the oil can , an er- rand wholly outside of his own duty , and injury befell him , as has been described , his father can not recover in the present The conduct of the boy can not be regarded as less than negligent . ] [ We have ...
Page 18
... delivered the opinion of the court . At the outset the plaintiffs assume that Allen's defense was a parol license to enter upon the land and dig clay , without limit as to time or quantity . U ; on this their argument is built ...
... delivered the opinion of the court . At the outset the plaintiffs assume that Allen's defense was a parol license to enter upon the land and dig clay , without limit as to time or quantity . U ; on this their argument is built ...
Page 21
... delivered the opinion of the court . HEYDEN- FELDT , J. , concurred . This cause comes up upon the following state of facts : The respondent purchased from miners upon " Lawson's Ravine , " in the county of Nevada , certain mining ...
... delivered the opinion of the court . HEYDEN- FELDT , J. , concurred . This cause comes up upon the following state of facts : The respondent purchased from miners upon " Lawson's Ravine , " in the county of Nevada , certain mining ...
Page 26
... ; and fourthly , to the charge in reply to the defendant's third and fourth points . LEWIS , for plaintiff in error . HICKMAN and PENNYPACKER , for defendant in error . The opinion of the court was delivered May 21 , 26 NUISANCE .
... ; and fourthly , to the charge in reply to the defendant's third and fourth points . LEWIS , for plaintiff in error . HICKMAN and PENNYPACKER , for defendant in error . The opinion of the court was delivered May 21 , 26 NUISANCE .
Page 27
... delivered May 21 , 1855 , by BLACK , J. There was no trouble in the court below , and there can be none here , about determining what are the main and principal rights of the parties in regard to the subject - matter of the controversy ...
... delivered May 21 , 1855 , by BLACK , J. There was no trouble in the court below , and there can be none here , about determining what are the main and principal rights of the parties in regard to the subject - matter of the controversy ...
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Common terms and phrases
according action agent agreed agreement alleged amount answer appears applied assigned authority bank bill called carried cause charge claim coal common complainant concern considered continue contract court damages debts decree deed defendant delivered directed ditch effect entered entitled equity error evidence executed existence fact firm further give given grant ground held hills hold injury interest iron John judge judgment jury land lease liable Lord mineral mining nature necessary notice nuisance objection obtained opinion owners paid parties partner partnership payment persons plaintiff possession premises present principle profits proved purchase question reason received reference refused relation respect rule share Smith sold stream suit taken tenants in common tion trade trial whole
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.