Colorado Cent. Consolidated Min. Co. v. Turck
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. Action by John Turck against the Colorado Central Consolidated Mining Company to recover possession of a lode or vein known as the “Aliunde Tunnel Lode No. 2,” situated in the Argentine mining district, Clear Creek county, Colo. There was a verdict and judgment for plaintiff, and defendant sued out a writ of'error. The judgment was heretofore affirmed, (50 Fed.
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In Error to the Circuit Court of the United States for the District of Colorado. Action by John Turck against the Colorado Central Consolidated Mining Company to recover possession of a lode or vein known as the “Aliunde Tunnel Lode No. 2,” situated in the Argentine mining district, Clear Creek county, Colo. There was a verdict and judgment for plaintiff, and defendant sued out a writ of'error. The judgment was heretofore affirmed, (50 Fed. Rep. 888, 2 C. O. A. 67,) and defendant now petitions for a rehearing.
1Opinion of the Court
THAYER, District Judge.
The contention of counsel that the trial court awarded the defendant in error 15 feet more territory than he was entitled to under admissions contained in the pleadings, rests wholly upon the assumption that the record before us shows the exact location of the Harris shaft with reference to the point fixed by the lower court as the place where the apex of the Colorado Central lode crosses into the Aliunde claim. We have made a careful examination of the printed record, and we are unable to find any testimony which would enable us to say that the point of departure of…
2Cases cited1 opinion
- Marshall v. HubbardSupreme Court of the United States · 1886
3Cited by2 opinions
- Colorado Cent. Consol. Min. Co. v. TurokCourt of Appeals for the Eighth Circuit · 1895
- Jefferson Mining Co. v. Anchoria-Leland Mining & Milling Co.Supreme Court of Colorado · 1904