Carson City Gold & Silver Min. Co. v. North Star Min. Co.
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Northern District of California. This is an action of trespass brought by the plaintiff in error, as owner of the Itish-American mining claim, situated in Nevada county, Cal., against the defendant in error, which, as the owner of the North Star claim, has followed and worked its lode upon its descent under the surface of the Irish-American claim.
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In Error to the Circuit Court of the United States for the Northern District of California. This is an action of trespass brought by the plaintiff in error, as owner of the Itish-American mining claim, situated in Nevada county, Cal., against the defendant in error, which, as the owner of the North Star claim, has followed and worked its lode upon its descent under the surface of the Irish-American claim. Both claims are patented, and each claim, as patented, is a consolidation of a number of small claims, many, if not all, of which were located long prior to the enactment of any mining law…
1Opinion of the CourtHawley, District Judge
(after stating the facts). Do the findings of facts sustain the conclusions of law arrived at by the court? Is the defendant entitled, under the facts as found by the court, to any extralateral rights? Was it necessary for the defendant to* prove the lines of its various locations comprising the area covered by the patent, or was it sufficient for it to show the existence of a vein or lode, with the dip and strike of that vein or lode within the surface boundaries of the North Star claim as patented? It is argued by plaintiff that section 2322, Rev. St. U. S., refers exclusively to the…
2Cases cited18 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Davis's Administrator v. WeibboldSupreme Court of the United States · 1891
- Eureka Consol. Min. Co. v. Richmond Min. Co.U.S. Circuit Court for the District of Nevada · 1877
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ames v. Empire Star Mines Co., Ltd.California Supreme Court · 1941
- Grant v. PilgrimCourt of Appeals for the Ninth Circuit · 1938
- Central Eureka Mining Co. v. East Central Eureka Mining Co.California Supreme Court · 1905
- Peabody Gold-Min. Co. v. Gold Hill Min. Co.U.S. Circuit Court for the District of Northern California · 1899
- Work Min. & Mill. Co. v. Doctor Jack Pot Mining Co.Court of Appeals for the Eighth Circuit · 1912
2 more not listed; retrieve them via the Exa API.