Tabor v. Big Pittsburg Consolidated Silver Mining Co.

The substance of the complaint is, that defendant has entered the Matchless mine in Lake county, which is owned by plaintiff, and has taken therefrom ore of the value of $109,388, and has sold and converted the same to its own use. The fourth paragraph of the complaint is as follows:

“That plaintiff now elects to waive the trespass so as aforesaid committed by defendant in mining and getting said ore, dirt and mineral bearing rock from said Matchless lode, mine and premises, and sues defendant in an action for money had and received, for plaintiff’s use, for the money received by defendant for…