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 16Callaghan, 1894 - Mining law |
From inside the book
Results 1-5 of 52
Page 8
... assignment it is proper to first examine the pleadings for the purpose of ascertaining the object of the action . The complaint contains the proper allegations for an action brought to recover the possession of the Kirtley lode , the ...
... assignment it is proper to first examine the pleadings for the purpose of ascertaining the object of the action . The complaint contains the proper allegations for an action brought to recover the possession of the Kirtley lode , the ...
Page 12
... assignments of error is made unnecessary , for the reason that the questions raised there- by are substantially the same as the question determined , or are such as will by such holding be eliminated from the case on a new trial . The ...
... assignments of error is made unnecessary , for the reason that the questions raised there- by are substantially the same as the question determined , or are such as will by such holding be eliminated from the case on a new trial . The ...
Page 19
... assign ments of error , presented for settlement , and settled and- allowed , on the 28th day of January , 1888. The certificate of the judge states that such case , with assignments of error in- cluded , were " examined , settled and ...
... assign ments of error , presented for settlement , and settled and- allowed , on the 28th day of January , 1888. The certificate of the judge states that such case , with assignments of error in- cluded , were " examined , settled and ...
Page 91
... assign- ments to the defendant , Henry Erwin . After the mine had been operated several years , Erwin discovered that the refuse matter from the washing process , which was deposited in the slush dam , was rich in ochre and other ...
... assign- ments to the defendant , Henry Erwin . After the mine had been operated several years , Erwin discovered that the refuse matter from the washing process , which was deposited in the slush dam , was rich in ochre and other ...
Page 112
... assignment ) ; and further instructed the jury that " under the terms of the lease given in evidence , the defendant was not liable for any rent or royalty unless the ore would have been worth when mined as much as it cost to mine it ...
... assignment ) ; and further instructed the jury that " under the terms of the lease given in evidence , the defendant was not liable for any rent or royalty unless the ore would have been worth when mined as much as it cost to mine it ...
Contents
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Common terms and phrases
abandonment action adverse claim adverse possession agent alleged apex appellant application assignment boundaries breach certificate claimant co-tenant coal Colo Colorado complaint construed contract corporation counsel County court of equity covenant damages deed defendant defendant's demurrer District ditch end lines entitled equity error estoppel evidence fact feet filed forfeiture grant ground held interest issue Jefferson County judgment jury labor land office lease ledge lessee lessor liable lode claim Lone Tree Maid of Erin Marble Heart claim ment mineral mining claim Mining Company notice owner parol parties patent payment person placer placer mining plaintiff plaintiffs in error plane pleadings premises prior proceedings proof purchase quartz question record recover royalty rule Sierra Nevada statute sufficient suit Supreme Court surface lines testimony thereof tion trespass trial tunnel United valid vein or lode verdict William Moyer Wyoming
Popular passages
Page 227 - 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 to do so shall be a waiver of his adverse claim.
Page 76 - All patents granted, or pre-emption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 268 - 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 68 - An act to promote the development of the mining resources of the United States...
Page 137 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. 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 9 - Where an adverse claim is filed during the period of publication, it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim...
Page 227 - Office, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. If it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim, with the proper fees...
Page 527 - Negligence is the omission to do something which a reasonable man, guided upon 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 51 - Sections 2322 and 2328, by investing the locator, his heirs or assigns, with the right to follow, upon the conditions stated therein, all veins, lodes, or ledges, the top or apex of which lies inside of the surface lines of his claim.
Page 52 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.