Stolp v. Treasury Gold Mining Co.

Citations

• 38 Wash. 619
• 80 P. 817
• 1905 Wash. LEXIS 1219

Syllabus

<p>Mines and Mining—Adverse Action—Evidence—Proof of Citizenship—Affidavits Prima Facie Sufficient. In an adverse action to establish the right to a mining claim, the affidavit of the plaintiffs is sufficient prima facie evidence of the citizenship of the parties as therein alleged, under U. S. Rev. St. § 2321, and in the absence of contradiction, a finding of citizenship is sustained.</p> <p>Same—Evidence of Assessment Work—Sufficiency. In an adverse action to establish the right to a mining claim, there is sufficient evidence to support a finding that the assessment work for a certain year was done, where three witnesses for the plaintiffs testified that the reasonable value or the work was $100, and such evidence was not disputed, notwithstanding the fact that one witness gave a miner’s wages at a sum per day that would not have equalled $100 for the days’ work testified to; since the reasonable value, and not the wages paid, is the test.</p> <p>Same—Sufficient Work to Entitle Plaintiffs to Patent— Evidence—Immateriality. In an adverse action to determine the right to a mining claim, plaintiffs are not required to make proof that they had done the necessary work to entitle them to a patent, since that must be shown before the department upon an independent application, the object of the action being merely to defeat the defendant’s application for a patent by showing that the plaintiffs were in, and entitled to, the possession.</p>