Overman Silver Mining Co. v. Corcoran
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. The facts are sufficiently stated in the opinion. I. The act under which the land described in the record was condemned is unconstitutional and void.
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Appeal from the District Court of the First Judicial District, Storey County. The facts are sufficiently stated in the opinion. I. The act under which the land described in the record was condemned is unconstitutional and void. The petitioner is a mere private corporation, organized to carry on the business of mining for its own benefit, in which the'public has no interest, and to permit it to take appellants’ property, is to permit private property to be taken for private use. (Green’s Brices Ultra Vires (note), 284; 51 Cal. 269; 42 Ga. 500; 5 Nev. 285; 44 Vt. 649; 4 Him 140; 68 N. Y. 569;…
1Opinion of the Court
By the Court,
Hawley, J.:
Eespondent is a mining corporation engaged in the business of mining, milling, and the reduction of ores in Storey county, and instituted this proceeding to have condemned and appropriated to its use certain lands belonging to appellants, under the provisions of the act entitled “an act to encourage the mining, milling, smelting, or other reduction of ores in the State of Nevada” (approved March 1, 1875), so as to enable it “ to develop its mine and successfully carry on its said business.”
The lands in question have been for several years located and claimed as mining…
2Cases cited8 opinions
- Gilmer v. ThrockmortonCalifornia Supreme Court · 1861
- In Re Deansville Cemetery Ass'n to Acquire Title to Lands of MillerNew York Court of Appeals · 1876
- Dayton Gold & Silver Mining Co. v. SeawellNevada Supreme Court · 1876
- Gleeson v. Martin White Mining Co.Nevada Supreme Court · 1878
- New York & Harlem Railroad v. KipNew York Court of Appeals · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Brown v. GeraldSupreme Judicial Court of Maine · 1905
- Kansas & Texas Coal Railway v. Northwestern Coal & Mining Co.Supreme Court of Missouri · 1901
- State v. BakerIdaho Supreme Court · 1916
17 more not listed; retrieve them via the Exa API.