Benson Mining & Smelting Co. v. Alta Mining & Smelting Co.
Supreme Court of the United States
APPEAL PROM THE_ SUPREME COURT OF THE TERRITORY OF ARIZONA. The court stated the case as follows:. Oh July 25,1884, appellee, plaintiff- below, commenced its potion in the District Court of the First Judicial District of the' Territory of Arizona to recover of defendant the sum of $25,000 for 210 tons of silver-bearing ore, mined and removed from the Alta mine, situated in the Harshaw mining district, in Pima County, Arizona.
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APPEAL PROM THE_ SUPREME COURT OF THE TERRITORY OF ARIZONA. The court stated the case as follows:. Oh July 25,1884, appellee, plaintiff- below, commenced its potion in the District Court of the First Judicial District of the' Territory of Arizona to recover of defendant the sum of $25,000 for 210 tons of silver-bearing ore, mined and removed from the Alta mine, situated in the Harshaw mining district, in Pima County, Arizona. A jury having, been ^waived, the case was tried before the court, and a judgment was entered for the'plaintiff, on March 22, 1886, for the sum of $4590.06, with interest…
1Opinion of the CourtJustice Brewer
■ The amount due, as determined by the judgment of the Supreme Court of the Territory, was over $5000, being the sum of $4590.06, as awarded by the judgment of the District Court, with interest from its date, March 22, 1886, at ten per cent per annum, to February 17, 1888, the date of the judgment of affirmance. This court, 'therefore, has jurisdiction of the appeal. Zeckendorf v. Johnson, 123 U. S. 617.
On-the merits of the case two questions are presented. It appears that in 1879, Fagan, Harshaw and others were the owners of the Alta mine, and at that time made application to the proper land…
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