Lewis v. Center Creek Mining Co.

For the purpose of determining the vital question in this case, which determination must be against appellant, an extended statement of facts is not required. Appellant correctly and concisely summarizes the petition in this language:

“This suit was commenced in the circuit court of Jasper county, Missouri, on November 13, 1901. The *464petition is in two counts as follows: The first count alleging that defendants had sunk a shaft on lot fifty-eight in a certain addition to the city of Webb City, Missouri, and had cut drifts therefrom, and were engaged in taking zinc and lead ores from said…