Axiom Mining Co. v. White

Citations

• 10 S.D. 198
• 72 N.W. 462
• 1897 S.D. LEXIS 42

Syllabus

<p>1. Under Rev. St. U. S. \\ 2324, providing that, on each mineral claim located, not less than $100 worth of labor shall be performed or improvements made during each year until a patent has been issued therefor, but, where such claims are held in common, such expenditure may be made on any one claim, and on a failure to comply with such condition, the claim or mine on which such failure occurred shall be open to relocation in the same manner as if no location thereof had ever been made, the burden of proving forfeiture or an intention to abandon is on the one claiming an adverse location.</p> <p>2. When the court tries the case without a jury, it is not bound to assume that the entire testimony of a witness is false because the witness has testified falsely on one material point.</p> <p>3. Á finding based on fairly conflicting evidence will not be disturbed on appeal.</p> <p>4. The denial of a motion for a new trial on the ground of “newly-discovered evidence,” which is cumulative and impeaching in its character, where no sufficient reason is shown for its nonproduction on the former trial, will not be disturbed, in the absence of a showing of an abuse of discretion in such ruling.</p>