Van Buren v. McKinlet

Citations

• 8 Idaho 93
• 68 P. 936

Syllabus

<p>Verdict — Substantial Conflict in Evidence. — When there is a substantial conflict in the evidence, the appellate court will not disturb the verdict of the jury.</p> <p>Mining District Recorder. — Under the provisions of section 3103 of the Revised Statutes, a county recorder may appoint a deputy recorder at any place in his county where he may deem it necessary, and at all places ten miles distant from an existing office, when ten or more mining locators interested petition for the appointment of a deputy, and upon the failure of the recorder to appoint a deputy within ten days after receiving such petition, the resident miners of such district may appoint, temporarily, a recorder of such district.</p> <p>District Recorder — Appointment oe Deputy. — A district recorder appointed by the resident miners has no authority to appoint a deputy, and the person so appointed has no authority to administer oaths.</p> <p>Affidavit to Location Notice. — An affidavit to a mining location notice must be sworn to before an officer authorized by law to administer oaths.</p> <p>De Facto Officer. — There can be no officer de facto where there is no office.</p> <p>State and Federal Statutes.' — The provisions of section 3104 of the Revised Statutes, and amendments thereto, requiring an affidavit to be attached to a mining claim location notice, is not in contravention of the provisions of section 2322 of the Revised Statutes of the United States.</p> <p>(Syllabus by the court.)</p>