Utley v. Clark-Gardner Lode Mining Co.
Supreme Court of Colorado
Appeal from District Court of Gilpin County. The case is stated in the opinion.
1Opinion of the CourtElbert, J.
August 25, 1877, the Clark-Gardner Mining Company of New York filed a declaration in trespass containing two counts. The first count charges the breaking and entering upon claims ISTos. 7, 8 and 9 of the Gardner lode and breaking ore, etc. The- second count is de bonis asportatis.
The defendants filed the following special plea: “And the said Alvin H. Utley and John Burkhardt, by Belford and Reed, their attorneys, come and defend the wrong and injury, when, etc., and pray judgment of said writ, because they say that the said Clark-Gardner Lode Mining Com*370pany is now, and was at the commencement…
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