Jones v. Prospect Mountain Tunnel Co.
Nevada Supreme Court
Appeal from tbe District Court of the State of Nevada, Eureka county. G. F. Talbot, District Judge. The facts fully appear in the following statement by the justice delivering the opinion. Action brought to recover fifty thousand dollars damages, as the value of one thousand tons of ore unlawfully extracted from the Colorado mine, and for an injunction restraining defendant from entering upon or further extracting any ore therefrom.
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Appeal from tbe District Court of the State of Nevada, Eureka county. G. F. Talbot, District Judge. The facts fully appear in the following statement by the justice delivering the opinion. Action brought to recover fifty thousand dollars damages, as the value of one thousand tons of ore unlawfully extracted from the Colorado mine, and for an injunction restraining defendant from entering upon or further extracting any ore therefrom. The complaint alleged the plaintiffs' ownership and possession, the defendant’s trespass, and set up facts looking* to equitable relief. The material parts of the…
1Opinion of the Court
By the Court,
Bigelow, J.
(after stating the facts as above):
One of the leading questions involved in this case is whether the answer admits the plaintiffs’ ownership of the Colorado mining claim. In their complaint the plaintiffs allego that they are the owners and in the possession of that certain mine and mining location and premises known as and called the Colorado mine. This the evidence shows to be a parallelogram one thousand feet in length by two hundred feet in width, and we shall construe the complaint as amounting to an allegation that they also own all beneath the surface of such…
2Cases cited24 opinions
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Clark v. HillsTexas Supreme Court · 1886
- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- Tynan v. WalkerCalifornia Supreme Court · 1868
- Iron Silver Mining Co. v. CheesmanSupreme Court of the United States · 1886
19 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Duffield v. San Francisco Chemical Co.Court of Appeals for the Ninth Circuit · 1913
- Gibson v. HjulNevada Supreme Court · 1910
- Tonopah & Goldfield Railroad v. FellanbaumNevada Supreme Court · 1910
- Humphreys-Storts Ins. Agency v. HoffmanCourt of Appeals of Texas · 1923