| Show RECENT MINING DECISIONS prepared by andrews murdoch Berri berrien cit springs mich in a charge that if no evidence of a vein appear for a considerable distance the veins are not identical the use of the word considerable sid erable is not objectionable as being in in definite butte B mining Nl ining za co vs des mines de lexington 58 pac rep mont where the court sustained a motion for a new trial and did not expressly exclude th the e ground that the verdict w was as against the ev evidence the rulin ruling will be sustained on appeal where it appears to be a conflict of evidence butte B mining co vs des mines de lexington 58 pac rep mont where plaintiff purchased ore of one who obtained it of the lessees lessels of a mine his title was not effected by a forfeiture of the lease after the ore had been mined in the i absence of evidence that such forfeiture carried with it the right to ore previously mined yank vs bordeau constable 58 pac rey mont 42 in order that the vein may be followed extra laterally identity id entity throughout is essential and the vein must be continuous but the continuity y may mav be interrupted provided the interruption does not prevent the tracing of the vein through the fissure as geologically 11 identical butte B IM mining iding co vs des mines de lexin lexington 9 ton 58 pac rep mont where the court in a charge has correctly defined a vein and indicated that in order that a vein may be followed ally it must be the identical vein throughout it is not error to place stress on the physical continuity and to neglect to charge as fully in regard leoard to the other elements of identity when no charge is requested butte B mining co vs des de lex bugton 58 pac rep mont A charge that veins are permanently separated and can not be followed as the same vein when in order to connect them thein it is necessary to pass through a considerable distance of rock showing no elements of a vein where there is neither walls minerals nor seams is not erroneous as being practically a charge that the jury must reach a certain conclusion as to the continuity of the vein butted butte B mining co vs abony me des mines de lexington 58 pac rep aimont the lessels lessees sofa of a mine agreed 11 with plaintiffs assignor to operate the mine in consideration of plaintiffs assignor furnishing 0 all necessary supplies the net proceeds of the ove ore after mi milling liing to be equally divided between the lessees lessels and plaintiffs assignor held that in determining the net proceeds only the cost of smelting smelling sm elting and not the cost of raining mining hoisting r and handling the ae ore should should be deducted from the gross proceeds yank vs s bordeaux constable 58 pac rep mont 42 A bill in equity charged that defendant an adjoining owner trespassed and mined on complainants lands so as to throw the water from defendants mines in and on the mineral lands of complainant causing it great damages 11 which will continue unless restrained the answer admitted the mining on complainant s land but avers that the water could not flood complainants mine unless the latter should negligently and foolishly drive its en teries into the opening and mines of d defendant e fen dant held that the answer is not sufficiently direct and positive to warrant the dissolution of the temporary injunction mabel min ilin co vs pearson coal and iron co 25 so rep ala rev st TJ U S 23 2326 96 directs one entering in the land office an adverse claim to an application for a patent for a mining location to commence an action to determine the question of right of possession the party having judgment to be entitled to a patent act cong 11 march 3 1881 21 stat amending the former act provides that if title to the location is is not established by either party the jury 1 shall so find and judgment be rendered accordingly 11 and claimant shall not be entitled to a patent until he perfects a title held that an action under said statutes th the e judgment in which would have no other effect than therein provided was not a common law action within rev st U S p 13 i 1868 providing that no party should be db deprived of a right to jury tri trial alin in common law actions so that a verdict rendered by three fourths of the jury was sufficient under act no 51 sess laws ariz 1891 making such a verdict sufficient in civil cases providence gold min co vs burke 58 pac rep ariz |
