Salt Lake Tribune | 1904-04-03 | Page 20 | Supreme Court Affirms in Big Mining Case

II SUPREME COURT AFFIRMS ' IN BIG MINING CASE I J In the trespass action brought by j tho Bullion-Beck and Champion MI-I MI-I - nlng company against the Kureka Hill Mining company, appellant, to recover for ores alleged to have been unlawfully unlaw-fully extracted by the defendant from the. plaintiff's mine, the Supreme court handed down an opinion yesterday affirming af-firming the judgment of the trial court, in the lower court the plaintiff waa given judgment for $105,053.77 The defendants de-fendants then moved for a now trial nd tho court ordered thai, unlqss the ilalntlff should within twenty days remit re-mit $26,725.86 of the judgment, the mo-Jon mo-Jon of the defendant should be granted, The .plaintiff made the remittance within the specified time and the defendant de-fendant appealed from the judgment thus rendered. The Supreme court holds that for all the ores extracted by the defendant the plaintiff was, under Sec. 153G of the Revised Re-vised Statutes, entitled to treble clarr-, clarr-, ages, and the judgment of tho trial i court is affirmed, with costs. This case has been watched in tho mining world with considerable interest inter-est and was hard-fought by both par-I par-I i ties, the best legal talent in the State being retained on both sides. The , plaintiff was represented by Dixon, IJllls fc Ellis and the . action was de-1 de-1 fended by the Arm of Sutherland, Van ' Oott-& Allison. The opinion is written j hy Chief Justice Baskln ond concurred in by his associates.