Argonaut Mining Co. v. Kennedy Mining & Milling Co.

This is an action for damages for the value of ore alleged to have been taken by defendant from plaintiff’s mine, situate in Amador county. The defendant denies taking any ore, or gold-bearing rock, from plaintiff’s mine, and avers that defendant is the owner of the mine from which the rock was taken.

The cause was submitted in the trial court upon an agreed statement of facts, each party having the right to object to the relevancy, competency, and materiality of any part of it. Certain objections to evidence were made by the appellant, which were overruled by the court, and the main argument…