The Mining Reports: A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References, Band 11Callaghan, 1887 |
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Seite 26
... claim- ing under the owner of the upper tract , had the right to the use of the stream on his land for any legal purpose , provided he returned it to its channel uncorrupted and without any essential diminution ; and that the size and ...
... claim- ing under the owner of the upper tract , had the right to the use of the stream on his land for any legal purpose , provided he returned it to its channel uncorrupted and without any essential diminution ; and that the size and ...
Seite 29
... claim a right by prescription to the whole extent of his user . It does not appear that the point has ever been decided . We must ascertain the true rule as well as we can by the analogies of the law , and by a reference to original ...
... claim a right by prescription to the whole extent of his user . It does not appear that the point has ever been decided . We must ascertain the true rule as well as we can by the analogies of the law , and by a reference to original ...
Seite 31
... Claim injured from ditch located prior thereto . Plaintiff sued for an injury done to his mining claim by the breaking of defendant's canal , which was constructed prior to the location of plaintiff's claim ; neither party claimed ...
... Claim injured from ditch located prior thereto . Plaintiff sued for an injury done to his mining claim by the breaking of defendant's canal , which was constructed prior to the location of plaintiff's claim ; neither party claimed ...
Seite 32
... claim , sustained by reason of the breaking away of a portion of defendants ' ditch , owing to the careless manner of its con- struction , and the consequent overflowing of plaintiff's claim . It appeared by the record that plaintiff ...
... claim , sustained by reason of the breaking away of a portion of defendants ' ditch , owing to the careless manner of its con- struction , and the consequent overflowing of plaintiff's claim . It appeared by the record that plaintiff ...
Seite 36
... claim of right . It is not a mere fictitious claim of right that will prevent the injunction . Suppose the defendants had stated in their answer that they admitted the right of plaintiff to the use of the water , but also insisted that ...
... claim of right . It is not a mere fictitious claim of right that will prevent the injunction . Suppose the defendants had stated in their answer that they admitted the right of plaintiff to the use of the water , but also insisted that ...
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Häufige Begriffe und Wortgruppen
according action agent agreed agreement alleged amount answer appears applied assigned authority bank bill called carried cause charge claim coal common complainant concern considered continue contract court damages debts decree deed defendant delivered directed ditch effect entered entitled equity error evidence executed existence fact firm further give given grant ground held hills hold injury interest iron John judge judgment jury land lease liable Lord mineral mining nature necessary notice nuisance objection obtained opinion owners paid parties partner partnership payment persons plaintiff possession premises present principle profits proved purchase question reason received reference refused relation respect rule share Smith sold stream suit taken tenants in common tion trade trial whole
Beliebte Passagen
Seite 616 - Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Seite 516 - ... be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing (3 RS 6 ed.
Seite 64 - ... it seems but reasonable and just that the neighbor, who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...
Seite 649 - The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer.
Seite 54 - I think, my lords, that, in a case of that description, the submission which is required from persons living in society to that amount of discomfort which may be necessary for the legitimate and free exercise of the trade of their neighbors would not apply to circumstances the immediate result of which is sensible injury to the value of the property.
Seite 54 - ... the public at large. If a man lives in a street where there are numerous shops, and a shop is opened next door to him, which is carried on in a fair and reasonable way, he has no ground for complaint, because to himself individually there may arise much discomfort from the trade carried on in that shop.
Seite 688 - ... upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location.
Seite 694 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Seite 617 - Islands, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this Act, in the absence of any adverse claim; but nothing in this Act shall be deemed to impair any lien which may have attached in any way whatever prior to the issuance of a patent.
Seite 666 - In testimony whereof, I have caused these letters to be made patent, and the seal of the Department of the Interior of the United States to be hereunto affixed.