Providence Gold Mining Co. v. Burke
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fourth Judicial District in and for the County of Yavapai. R. E. Sloan, Judge. Statement of facts:— The appellant, the Providence Gold Mining Company, claiming to be the owner of mining locations situated in Yavapai County, called the “Hillside,” “Yum-Yum,” and the “Francis,” made application for United States patent therefor in the land office in Prescott.
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APPEAL from a judgment of the District Court of the Fourth Judicial District in and for the County of Yavapai. R. E. Sloan, Judge. Statement of facts:— The appellant, the Providence Gold Mining Company, claiming to be the owner of mining locations situated in Yavapai County, called the “Hillside,” “Yum-Yum,” and the “Francis,” made application for United States patent therefor in the land office in Prescott. The appellee, Dennis A. Burke, filed his contest in the land office on May 8, 1897, and within thirty days thereafter commenced proceedings in the district court of Yavapai County to…
1Opinion of the CourtStreet, C. J.
(after stating the facts).—The last four assignments of error, numbered 8, 9, 10, and 11, may be grouped together. Counsel for appellant have made an exhaustive • argument upon them, and have placed the errors there assigned in a prominent attitude. Grouped together, they relate to the rights of the parties to a trial by a common-law jury. The cause was tried before a panel of twelve. The court instructed them that: “Under the law in this class of cases, it is not required that a unanimous verdict be returned by the jury. If, therefore, you do not unanimously agree upon a verdict, but three…
2Cases cited11 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
- American Publishing Co. v. FisherSupreme Court of the United States · 1897
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Perego v. DodgeSupreme Court of the United States · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Conway v. FabianMontana Supreme Court · 1939
- Sil-Flo Corporation v. BowenArizona Supreme Court · 1965
- McMullin v. MagnusonSupreme Court of Colorado · 1938
- Zerres v. VaninaU.S. Circuit Court for the District of Nevada · 1905
- Cunningham v. PirrungArizona Supreme Court · 1905
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