Spokane Portland Cement Co. v. Larson

Citations

• 71 Wash. 301
• 128 P. 641
• 1912 Wash. LEXIS 740

Syllabus

<p>Mines and Minerals — Locations—Abandonment—Evidence— Sufficiency. The evidence fails to show a legal establishment of placer mining claims, where it is evident that no actual discovery was made, the locations were not properly perfected nor labor done in compliance with the requirements of Rem. & Bal. Code, § 7367, the claims were abandoned more than one year prior to the commencement of an action to recover possession, and from the whole record, it appears that the attempted location was a speculative venture to prevent the use and development of a water power by others.</p> <p>Same. The fact that the major part of defendant’s improvements were made after plaintiff’s action was commenced is immaterial, where no attempt was made by plaintiff to prevent extensive improvements made in good faith.</p> <p>New Trial — Newly Discovered Evidence — Diligence. A new trial for newly discovered evidence is properly refused where there was no request for a continuance and no showing of diligence in procuring a witness who was found within a very few days after the trial.</p>