National Mines Co. v. Sixth Judicial District Court, State of Nevada ex rel. County of Humboldt
Nevada Supreme Court
Original proceeding. Application for certiorari by the National Mines Company against the Sixth Judicial District Court for the County of Humboldt and the judge thereof thereof, to review an order of the judge.
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Original proceeding. Application for certiorari by the National Mines Company against the Sixth Judicial District Court for the County of Humboldt and the judge thereof thereof, to review an order of the judge. Statement op Facts This is an original proceeding in certiorari to review an order of the Sixth Judicial District Court of the State of Nevada, in and for the County of Humboldt, the Honorable Edward A. Ducker, district judge thereof, presiding, directing a survey of the boundaries and underground workings of the Charleston and West Virginia lode mining claims, the property of the…
1DissentTalbot, J.
I am unable to concur in all the conclusions reached by my learned associates. As it has been held by the Supreme.Courts of Kansas, Montana, and of the United States that the legislature may constitutionally provide for surveys without the institution of suit, and as all of the members of this court concede that this is a correct construction of the law, and no court has decided to the contrary, the only question for determination is whether the legislature has authorized the ordering of surveys before an action is commenced.
A careful examination of the statute makes it clear that the…
2Cases cited8 opinions
- California Savings & Loan Society v. HarrisCalifornia Supreme Court · 1896
- National Fertilizer Co. v. Fall River Five Cents Savings BankMassachusetts Supreme Judicial Court · 1907
- Carson-Rand Co. v. SternSupreme Court of Missouri · 1895
- Ward Land & Stock Co. v. MapesCalifornia Supreme Court · 1905
- Smith v. LyonSupreme Court of Connecticut · 1876
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