Bullion, Beck & Champion Mining Co. v. Eureka Hill Mining Co.
Utah Supreme Court
Appeal from a judgment of the district court of tbe first district, and from an order refusing a new trial. The opinion states the facts. I. The cross-complaint does not state a case within the statute relating to such, complaints: Laws 1884, p. 207, sec. 305. The plaintiff’s action is trespass for damages, and for an injunction to prevent a continuance of the wrong.
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Appeal from a judgment of the district court of tbe first district, and from an order refusing a new trial. The opinion states the facts. I. The cross-complaint does not state a case within the statute relating to such, complaints: Laws 1884, p. 207, sec. 305. The plaintiff’s action is trespass for damages, and for an injunction to prevent a continuance of the wrong. The complaint charges that the defendants tortiously entered upon and extracted ore from the Bullion Mining Claim, the property of the plaintiff, which is described by metes and bounds. The defendant company, on the…
1Opinion of the Court
Zane, C. J.:
This is an appeal from a judgment rendered in the first district court on a cross-complaint filed by respondents. Reversal of the judgment is asked on account of alleged errors in every stage of the proceedings. The alleged errors that are deemed most important, and those upon which chief reliance was placed during the hearing will be separately considered.
The appellant alleged in its complaint ownership in fee and lawful possession of lot No. 76, (describing it;) and appellant further alleged that there was in said lot a lode of rock in place, bearing silver and other valuable…
2Cases cited9 opinions
- Holland v. ChallenSupreme Court of the United States · 1884
- Reynolds v. Crawfordsville First National BankSupreme Court of the United States · 1884
- Mining Co. v. TarbetSupreme Court of the United States · 1879
- North Noonday Mining Co. v. Orient Mining Co.United States Circuit Court · 1880
- Livingston v. LivingstonNew York Court of Chancery · 1822
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lawson v. United States Mining Co.Supreme Court of the United States · 1907
- United States Min. Co. v. DawsonCourt of Appeals for the Eighth Circuit · 1904
- Linden v. Anchor Mining Co.Utah Supreme Court · 1899
- Waterloo Min. Co. v. DoeCourt of Appeals for the Ninth Circuit · 1897
- International Salt Co. v. GeostowDistrict Court, W.D. New York · 1988
2 more not listed; retrieve them via the Exa API.