Colorado Cent. Consolidated Min. Co. v. Turck
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. Statement by Tiiayeb, District Judge s This was an action at law, brought by the defendant in error to recover-possession of a mining lode or vein known as the “ Aliunde Tunnel Lode No. 2,” situated in the Argentine mining district, Clear Creek county, state of Colorado.
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In Error to the Circuit Court of the United States for the District of Colorado. Statement by Tiiayeb, District Judge s This was an action at law, brought by the defendant in error to recover-possession of a mining lode or vein known as the “ Aliunde Tunnel Lode No. 2,” situated in the Argentine mining district, Clear Creek county, state of Colorado. The plaintiff in error, who was defendant in the lower court, is the owner and is in possession of three mining claims known respectively as the “Colorado Central,” the “Subtreasury ” and the “Colorado Central Extension” claims. The Aliunde claim…
1Opinion of the CourtThayer, District Judge
The circuit court appears to have refused the two instructions embodying the first of the three propositions above stated, on the ground that such instructions changed the issue which the defendant below had made during the progress of the trial, and for the further reason that the evidence was insufficient to warrant the jury in finding that there were separate and independent veins, one of which had its apex within the Aliunde claim and the other within the sidelines of the Colorado Central. We are satisfied that the trial court erred in so far as its refusal to give the instructions was…
2Cases cited7 opinions
- State v. PattersonSupreme Court of Vermont · 1873
- Mining Co. v. TarbetSupreme Court of the United States · 1879
- Watertown Bank and Loan Co. v. . MixNew York Court of Appeals · 1873
- Iron Silver Mining Co. v. Elgin Mining & Smelting Co.Supreme Court of the United States · 1886
- Chouteau v. Jupiter Iron WorksSupreme Court of Missouri · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stewart Mining Co. v. Ontario Mining Co.Idaho Supreme Court · 1913
- Colorado Cent. Consol. Min. Co. v. TurokCourt of Appeals for the Eighth Circuit · 1895
- Collins v. BaileyColorado Court of Appeals · 1912
- Denver Omnibus & Cab Co. v. GastSupreme Court of Colorado · 1911
- Stratton v. MurrayColorado Court of Appeals · 1914
3 more not listed; retrieve them via the Exa API.