Terrible Mining Co. v. Argentine Mining Co.

Hallett, J.,

in an oral charge to the jury, held:

That the plaintiff bringing his action to recover possession of a mining claim must show a good location, in compliance with the statute in respect to locations, i. e.: He must show in his discovery shaft a vein or lode of valuable ore, in rock in place, as well as compliance with the statute in other regards. The miner is not bound , to make the first shaft or opening which he may sink, his discovery shaft. If, after sinking in one place and failing to find a lode, he sinks in another and finds one, he may make the second his discovery shaft,…