Matko v. Daley
Arizona Supreme Court
APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Cochise. Fletcher M. Doan, Judge. The facts are stated in the opinion. The entries from the books, files, and records of the Copper Queen Consolidated Mining Company, without any further evidence, were clearly illegal evidence to show that Chris Brain and Dan Seffer were not working upon plaintiffs’ mine in December, 1902, as was testified to by witnesses Turner and Matko.
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APPEAL from a judgment of the District Court of the First Judicial District in and for the County of Cochise. Fletcher M. Doan, Judge. The facts are stated in the opinion. The entries from the books, files, and records of the Copper Queen Consolidated Mining Company, without any further evidence, were clearly illegal evidence to show that Chris Brain and Dan Seffer were not working upon plaintiffs’ mine in December, 1902, as was testified to by witnesses Turner and Matko. Gilbert on Indirect and Collateral Evidence, secs. 159 to 168, especially sec. 162; Abbott on Trial Evidence in Civil…
1Opinion of the CourtKent, C. J.
The appellants, who were the plaintiffs in the district court, brought this action to quiet title to a mining claim in the Warren mining district, called the “Bangor mine.” The defendant claimed the same mining location by virtue of a subsequent location thereof upon the assertion that the claim, as located by the plaintiffs, had become forfeited by reason of plaintiffs not having performed the annual assessment work thereon for the year 1902; there being no resumption of labor on said claim prior to the date of their location of the claim on the first day of May, 1903. The issue before the…
2Cases cited1 opinion
- Cunningham v. PirrungArizona Supreme Court · 1905
3Cited by2 opinions
- Ladow v. StateOhio Court of Appeals · 1925
- Copper Queen Consolidated Mining Co. v. StrattonArizona Supreme Court · 1915