The Mining Reports, Vol. 16: Containing Recent Cases on the Law of Mines with Index-Digest Appended of All the Cases in the Entire Series, Including This Supplemental Volume (Classic Reprint)
The Mining Reports, Vol. 16: Containing Recent Cases on the Law of Mines with Index-Digest Appended of All the Cases in the Entire Series, Including This Supplemental Volume (Classic Reprint)
Excerpt from The Mining Reports, Vol. 16: Containing Recent Cases on the Law of Mines With Index-Digest Appended of All the Cases in the Entire Series, Including This Supplemental Volume As to the prayer that defendant be restrained from divert ing the waters, there is evidence tending to show that the defendant was the first appropriator; that he has never abandoned his right, and that the plaintiff has established no right adverse to the defendant. The jury did find, it is true, that defendant did not use any of said ...
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Excerpt from The Mining Reports, Vol. 16: Containing Recent Cases on the Law of Mines With Index-Digest Appended of All the Cases in the Entire Series, Including This Supplemental Volume As to the prayer that defendant be restrained from divert ing the waters, there is evidence tending to show that the defendant was the first appropriator; that he has never abandoned his right, and that the plaintiff has established no right adverse to the defendant. The jury did find, it is true, that defendant did not use any of said waters during the years of 1878, 1879, 1880, 1882 and 1883. They did, however, find that he used said waters during the year 1881; and the testimony shows that there was not water enough to work mines during certain of the years mentioned. We do not think that those facts establish an abandonment by the de fendant. The judgment of the court below, denying the first relief demanded, is fully sustained by the evidence. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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