Couch v. Welsh
Utah Supreme Court
Appeal from tbe Seventh District Court, Grand County.— lion. Jacob Johnson, Judge. Action to recover damages for tbe removal, by tbe re-respondents, of certain improvements from certain mining •claims. In presenting this ease we might rest it alone upon the form of the motion for nonsuit, as under the repeated rulings of this court the motion is entirely -wanting in specifying the grounds upon which it is based.
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Appeal from tbe Seventh District Court, Grand County.— lion. Jacob Johnson, Judge. Action to recover damages for tbe removal, by tbe re-respondents, of certain improvements from certain mining •claims. In presenting this ease we might rest it alone upon the form of the motion for nonsuit, as under the repeated rulings of this court the motion is entirely -wanting in specifying the grounds upon which it is based. It is a mere-general statement that the proof fails to show any liability. The motion is too indefinite. White v. Rio Grande W. Ry. Co., 22 Utah 138; 61 Pac. 568; Lewis v. Silver King…
1Opinion of the CourtBaetoh, J.
This action was brought to recover damages for the removal by the respondents of certain improve*44ments from certain mining claims. From the record it appears that on May 5,1899, the appellants, who were the owners of the mining claims, executed a bond and lease to Ernest G. Miller and Peter Me Court, who then assigned the same to the respondent Huntsman Copper Mining Company. The contract thus assigned contained a covenant granting to the lessees the exclusive right to purchase the mining claims at a stipulated price, and also covenants obligating the lessees to perform certain work upon the…
2Cases cited19 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Gerding v. . HaskinNew York Court of Appeals · 1894
- Creek v. McManusMontana Supreme Court · 1893
- Reynolds v. ShulerNew York Supreme Court · 1826
- Holbrook v. ChamberlinMassachusetts Supreme Judicial Court · 1874
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3Cited by13 opinions
- Smalley v. Rio Grande Western Ry. Co.Utah Supreme Court · 1908
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- Williams v. Eldora-Enterprise Gold Mining Co.Supreme Court of Colorado · 1905
- Guthiel v. GilmerUtah Supreme Court · 1904
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