Hawkins v. Spokane Hydraulic Mining Co.
Idaho Supreme Court
APPEAL from District Court, Shoshone County. A partnership in the working of a mining claim exists whenever, either directly or indirectly, the owners thereof contribute to the expense of woking it. (Dougherty v. Greary, 30 Cal. 300, 89 Am. Dee. 116.) Any condition of facts which would warrant the dissolution of the partnership authorizes the appointment of a receiver and the granting- of an injunction.
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APPEAL from District Court, Shoshone County. A partnership in the working of a mining claim exists whenever, either directly or indirectly, the owners thereof contribute to the expense of woking it. (Dougherty v. Greary, 30 Cal. 300, 89 Am. Dee. 116.) Any condition of facts which would warrant the dissolution of the partnership authorizes the appointment of a receiver and the granting- of an injunction. (High on Injunctions, sec. 1351.) Mere ownership of a property, as joint tenants or tenants in common, between two or more parties, without other acts-done by them in reference to the…
1Opinion of the CourtMorgan, J.
The plaintiff is the owner and possessed of an undivided seven-eighths interest in the Niagara placer mining claim, situated in the Coeur d’Alene mining district, Shoshone county, Idaho. The defendant is the owner of one-eighth interest in the same claim. Defendant, on or about the fifteenth day of June, 1891, took possession of a portion of said claim. Defendant is also the sole owner of a large stream of water, estimated at six hundred and fifty inches, with pipes,, flumes, and other hydraulic machinery for conveying said water to and upon said placer ground, as well as other ground of the…
2Cases cited3 opinions
- Duryea v. BurtCalifornia Supreme Court · 1865
- McCord v. Oakland Quicksilver Mining Co.California Supreme Court · 1883
- Dougherty v. CrearyCalifornia Supreme Court · 1866
3Cited by14 opinions
- Munsey v. Mills & GarittyTexas Supreme Court · 1926
- Anaconda Copper Mining Co. v. Butte & Boston Mining Co.Montana Supreme Court · 1896
- Brown v. BryanIdaho Supreme Court · 1898
- Sweeney v. HanleyCourt of Appeals for the Ninth Circuit · 1903
- Boehme v. FitzgeraldMontana Supreme Court · 1911
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