Yellow Jacket Silver Mining Co. v. Stevenson
Nevada Supreme Court
Appeal from tbe District Court of tbe First Judicial District, Storey County. The complaint charges, tbe defendant with having unlawfully entered into, and unlawfully continuing and threatening to continue in, the possession of a portion of the Comstock Ledge in the Gold Hill Mining District in Storey County, known as the West or Red Ledge, and with extracting therefrom, removing, and appropriating to his own use, and threatening to continue to extract, remove, and…
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Appeal from tbe District Court of tbe First Judicial District, Storey County. The complaint charges, tbe defendant with having unlawfully entered into, and unlawfully continuing and threatening to continue in, the possession of a portion of the Comstock Ledge in the Gold Hill Mining District in Storey County, known as the West or Red Ledge, and with extracting therefrom, removing, and appropriating to his own use, and threatening to continue to extract, remove, and appropriate, thirty tons per day of metalliferous quartz rock and earth, worth eighteen dollars per ton. After the argument of an…
1Opinion of the Court
By the Court,-
Lewis, C. J.:
In the month of January, a.d. 1868, John B. Winters, the President of the Yellow Jacket Mining Company, executed in the name of the respondent an instrument whereby the appellant was given the privilege of entering upon a certain designated portion of respondent’s mining ground, with the privilege of mining and appropriating to his own use all mineral-bearing rock which might be found therein, for the sum of two dollars per ton for all ore so mined and taken by him. Under this instrument, which by its terms was to continue during his pleasure, the appellant entered…
2Cases cited2 opinions
- Owings v. HullSupreme Court of the United States · 1835
- Gashwiler v. WillisCalifornia Supreme Court · 1867
3Cited by15 opinions
- Baldwin v. CanfieldSupreme Court of Minnesota · 1879
- Nevada National Bank v. Gold Star Meat CompanyNevada Supreme Court · 1973
- State ex rel. Sears v. WrightNevada Supreme Court · 1875
- Defanti v. Allen Clark Co.Nevada Supreme Court · 1921
- Norton v. OverholtzerCalifornia Court of Appeal · 1923
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