Bonanza Consolidated Mining Co. v. Golden Head Mining Co.
Utah Supreme Court
Appeal from District Court, Wasatch County; J. E. Booth, Judge. Suit by the Bonanza Consolidated Mining Company and others against the Golden Head Mining, Company. From a decree finding that neither plaintiffs nor defendant was entitled to the area embraced within certain mining claims, plaintiffs appeal. APPELLANT’S POINTS.
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Appeal from District Court, Wasatch County; J. E. Booth, Judge. Suit by the Bonanza Consolidated Mining Company and others against the Golden Head Mining, Company. From a decree finding that neither plaintiffs nor defendant was entitled to the area embraced within certain mining claims, plaintiffs appeal. APPELLANT’S POINTS. The notices of location are indefinite and do not describe any ground, and do not tie to any natural monument or permanent object such as will indentify the claim. Such notices have uniformly, under sucb circumstances, been beld void for uncertainty. Section 2324, Revised…
1DissentStraup, J.
I am unable to concur in the opinion announced by the Chief Justice in this case. I am clearly of the opinion that by an affirmance of the judgment this court will hold for naught the plain provisions of the statute, the basic reasons for rules and statutes requiring a record of mining claims, and every authority to which our attention has been called. Appellants claim that respondent’s location notices as recorded are void for uncertainty of description, and our attention is called to that particular provision of section 2324,. Revised Statutes, United States (U. S. Comp. St. 1901, p.…
2Cases cited21 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Jupiter Mining Co. v. Bodie Consolidated Mining Co.District Court, D. California · 1881
- Church v. . HowardNew York Court of Appeals · 1880
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