Hawkins v. Spokane Hydraulic Mining Co.
Idaho Supreme Court
APPEAL from District Court, Shosbone County. Tbe Revised Statutes of Idaho, chapter 2, of title 11, prescribes the relations existing between persons owning mining property, and operating the same. Section 3300 provides that a mining partnership exists when two or more persons who own or acquire a mining claim for the purpose of working it and extracting the mineral therefrom actually engage in working the same.
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APPEAL from District Court, Shosbone County. Tbe Revised Statutes of Idaho, chapter 2, of title 11, prescribes the relations existing between persons owning mining property, and operating the same. Section 3300 provides that a mining partnership exists when two or more persons who own or acquire a mining claim for the purpose of working it and extracting the mineral therefrom actually engage in working the same. Section 3301 prescribes that an express agreement to become partners or to share the profits and losses of mining is not necessary to the formation or existence of a mining…
1Opinion of the CourtMorgan, J.
This case was before this court on appeal from an order refusing an injunction, and is reported in Hawkins v. Spokane etc. Min. Co., ante, p. 241, 28 Pac. 433. The facts are sufficiently stated in that opinion, and it is unnecessary here to repeat them. It was there decided that the plaintiff, owning seven-eights interest in the mining property, was entitled to control the means used and the method adopted in working the mine, and the cause was remanded, with direction to the court below to grant the injunction to restrain the defendant from working said mine, except in the manner directed by…
2Cases cited8 opinions
- Duryea v. BurtCalifornia Supreme Court · 1865
- Settembre v. PutnamCalifornia Supreme Court · 1866
- Taylor v. CastleCalifornia Supreme Court · 1871
- Dougherty v. CrearyCalifornia Supreme Court · 1866
- Hawkins v. Spokane Hydraulic Mining Co.Idaho Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sweeney v. HanleyCourt of Appeals for the Ninth Circuit · 1903
- Albertini v. Hull LeaseIdaho Supreme Court · 1933
- Jordan Creek Placers v. CommissionerUnited States Board of Tax Appeals · 1940
- Madar v. NormanIdaho Supreme Court · 1907
- Huff v. HardwickColorado Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.