Haws v. Victoria Copper Mining Co.,
160 U.S. 303 (1895)

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U.S. Supreme Court

Haws v. Victoria Copper Mining Co., 160 U.S. 303 (1895)

Haws v. Victoria Copper Mining Company

No. 66

Argued November 15, 18, 1895

Decided December 23, 1895

160 U.S. 303


On an appeal from a judgment of a territorial court, this Court is limited to determining whether the facts found are sufficient to sustain the judgment rendered, and to reviewing the rulings of the court on the admission or rejection of testimony when exceptions thereto have been duly taken.

This case comes within the general rule that the allowance or refusal of a new trial rests in the sound discretion of the court to which the application is addressed.

The decree and complaint, taken together, fully describe and furnish ample means for identification of the property to which the defendant in error was adjudged to be entitled.

The contention that the complaint did not aver a discovery of a vein or lode prior to the location under which the plaintiffs in error claim is wholly without merit.

Likewise is the contention without merit that the discovery under which the defendant in error claims was of only one vein.

Possession alone is adequate against a mere intruder or trespasser, without even color of title, and especially so against one who has taken possession by force and violence.

Sundry exceptions as to the rulings of the court upon the admissibility of testimony considered and held to be immaterial, or unfounded.

Page 160 U. S. 304

The case is stated in the opinion.

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