Hawkins v. Spokane Hydraulic Mining Co.

Citations

• 3 Idaho 241
• 28 P. 433
• 1891 Ida. LEXIS 42

Syllabus

<p>Placer Mining Claim- — A Partner Owning Seven-eighths op Claim can Control the Working — -Accounting mat be Compelled— Party Owning Major Interest in Placer Claim can Control Working. — The plaintiff is the owner of a seven-eighths interest in a placer mining claim. The defendant is the owner of one-eighth interest in the same claim. Held, that the plaintiff has the right to control the means used and the method adopted in working said mine, and is entitled to an injunction to restrain said defendant from working said claim, except in the manner directed by plaintiff.</p> <p>A Majority or Minority Interest can Compel Accounting. — An accounting may be compelled by either of the parties holding a majority or minority interest in a mine, of work done and metals extracted. •</p> <p>(Syllabus by the court.)</p>