Show RECENT MINING DECISIONS prepared for the mining review necessity of record recording of a certificate of location of a mining claim is not made an essential requisite to a valid location by the laws of the united states ford v campbell supreme court of nevada 92 pacific description of location where the certificate of location of a mining claim described it as situated about two miles from a certain town such description did not constitute a substantial compliance with comp laws section requiring a description of the location of the claim with reference to some natural object or permanent monument ford v campbell supreme court of nevada 92 pacific assessment on stock an order levying an assessment on corporate stock which though stating that the assessment was payable to the secretary failed to specify where it was payable as required by chiv code section is void as in cases of forfeiture there must be a strict compliance with the statute ruck ruch v caledonia silver mining co court of appeal first district california 92 pacific mining lease landlords duty where plaintiff defendants lessee of a lower level of a mine sued defendant for injuries sustained by the caving of the ground caused by workings of defendants other tenants at a higher high er level and plaintiff based hi his s right to recover on the allegation that defendant fen dant with intent to injure plaintiff caved the ground on the ore bodies on which the plaintiff was working but the proof showed that the ground was caved through the willful or negligent acts of defendants tenants of the upper level of which defendant had notice an instruction that it was defendants duty to take active measures to prevent such injury was erroneous peterson v bullion beek beck champion mining co supreme court of utah 91 pacific 1095 owner not liable for material furnished lessee of mine where in an action against a mining company for merchandise and work and labor it was shown that th at during the period that the goods were delivered and work done the mine was leased to F to the knowledge of plaintiff and there was no proof that the merchandise was sold to the corporation or ordered by any one authorized by it nor that the labor was performed on the order of any one authorized to act on the corporations behalf the evidence was insufficient to sustain the verdict against it silver mountain mine co v anderson supreme court of colorado 92 pacific claims commencement of action laws nevada 1861 c 12 section 20 providing that an action shall be deemed commenced when the complaint has been filed and summons issued and placed in the hands of one authorized to serve the same is not controlling on the question of the th e time of commencement of an action founded on oil an adverse claim authorized by rev st U S section 2326 U S comp st 1901 p 1430 providing that an adverse action must be commenced within thirty days after the filing of the adverse claim because the limitation within which such an action must be commenced is fixed by the federal statute but the question as to what constitutes utes the commencement of an action is determined by code chiv proc prec section 22 providing that a civil action shall be commenced by the filing of the complaint and the issuance of a summons etc harris v helena gold mining co supreme court of nevada 92 pacific 1 government mineral surveyor not disqualified from locating rev st TJ S sections relating to the general land office provide for the appointment and duties of the various officers in the general land office in the department of the interior including a clerk of the surveys who shall direct and super superintend entend the making of surveys section prohibits the officers clerks and employed emp loyes in the general land office from purchasing the public lands under penalty of loss of employment chapter 1 tit 23 the public lands section 2207 provides for the appointment of a surveyor general chapter 6 section 2319 provides that all mineral deposits in lands belonging to the united states are open to all exploration and purchase by citizens and those th ose having declared their intention to become citizens section 2334 provides that the surveyor general may appoint in each land district containing mineral lands as many competent surveyors as apply to survey mining claims who shall be employed by the applicants for whom they do surveying that the commissioner of the general land office shall sh all have power to establish maximum charges for surveying and publication of notices held that a government mineral surveyor appointed under rev st TJ S section 2334 is not an officer clerk or em aloye in the general land office within rev st U S section prohibiting such persons from obtaining title to government land and hence is not disqualified thereby frog from locating a mining claim under rev st U S c 1 tit 23 section 2207 providing for such location hand v cook supreme court of nevada 92 pacific 3 teamster put to running whim where it was alleged that plaintiff was injured while pursuing his occupation of running a whim wh im evidence was admissible to show that he was employed to work as a teamster but subsequently put to work running the whim stephens v elliott supreme court of montana 92 pacific 45 right to inspect corporate books under mills ann st section requiring the officers of every corporation to keep books at the office of the corporation for tile the inspection of stockholders and creditors and their representatives etc only stock holders and creditors and their representatives are entitled to inspect the books 1 butterfly terrible gold mining co v brind supreme court of colorado 91 pacific 1101 |