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Show A Mining Suit. In tho matter of tbo Lone Fiae Consolidated Mining Company vs. Henry Unhatlcr, Frank Hoffman and Liberty E. iloldett, it may be 'remembered thai tho pudntifl filed its complaint on October H, l&9, in which the following facts as cause far action were alleged: That there la a vein of rock In its mining claim, which is situated in Wtet Mountain District, Salt Luke County, bearing sliver, lead and other valuable mineral', the top or apex of which lies within the surface sur-face line?, extending downward, oi said claim; that the Tela Initsstrike or course extenuJ acfo the northeasterly north-easterly end or the claim SiM i'ts ia a northerly or northeasterly Jif.cUo?' flmUI-v' passhig out of the claim on its dip; that plalntitt Is the owner of, and eutltleU to pos. session of, all that part of said vein throughout Its entire depth an J lying ly-ing within tho bounJaries or tlie claim; lliat since January 1, 1SS9, t.ne,ltrrend,ats have, by various drifts, tuiiuelj cti.1 otUtf under ground workings, extending from n adjoining claim iu possession oi the defendants, invaded plalulitl's territory aud have extracted and taken away large quantities of ore from the vein above described of the estimated value of $Z2,W). The plalntlir further alleged that the defendants threatened to coutluue the renlOTlun of ore Treat thfclf pos-senioua pos-senioua nil I therefore p.-aycU'iudg. ment for the sum mentioned, for costs of suit and for audi other relief as may lie equitable. Au injunction was i-sued against the defendant on October 17. 1st) J, and subsequently the attorneys for the defendant commenced iiro-ceedlngs iiro-ceedlngs to have the Injunction dissolved. On llw nth ef January follow Idg dlfendtiit-s filed then answer to the complaint denying the allegatlonsspccilicd therein. anu prated that judgment be given that tlie ad verse claim of the plaintiff to thu vein be declared invalid aud unfounded un-founded and that the further prosecution prose-cution of thu action for trespass U-lTtua!ly U-lTtua!ly restrained. Since that time the matter has been almost continually ue-roic Judge Zine, and finally, on IbePlh lust., a demurrer lo all amendment compl-ilut w.s argued aud submitted to his Honor. ThLs morning Judge Kine delivered de-livered hii opinion, overruling the demurrer. Exception was takeu and twenty da a allowed in which to answer. . The following cases al-o came be Tore Judge Zinc today: Marks vs. C'assldy; defendant allowed al-lowed until January 1st, lt3), to (He statemtiitfjra new trial. Kathcjluc MilN v-. Nicholas Falkner et al ; appeal dismissed. |
