Prohibition—Local Action—Trespass upon Mine in Another State —Injury to Ledge on Dip—Injunction.—An action involving damage for trespass upon a quartz ledge in another state, by mining upon the dip thereof upon ground in the possession of the defendants, and involving an injunction to prevent further mining thereupon, is local in its nature, and is beyond the jurisdiction of the superior court of this state; and prohibition will lie to prevent the trial thereof.

Id.—Trover—Transitory or Local Action—Ore prom Dip op Ledge— Fundamental Question op Title.—Ordinarily a mere action for the value of timber cut or ore taken from plaintiff's land is transitory; yet if any part of the damages claimed is for trespass committed upon the land, the action is local. Trover will not lie for ore taken from the dip of a ledge in ground in possession of the defendants under claim and color of title in good faith. In such ease the question of title is not incidental, but fundamental, and cannot be litigated in a transitory action.

Id. — Presumption op Good Faith — Allegations op Complaint.—• Where the complaint shows that the defendants are mining outside of the surface lines described in the complaint, either upon public land or within the surface lines of another claim, the title to everything beneath such surface is grima facie in the claimant thereof, and his claim to any body of ore found therein, when asserted, must be presumed to be a claim in good faith, preventing an action of trover therefor.

Id.—Remedy by Appeal Inadequate.—Where the court has no jurisdiction of the subject-matter of the action, and the remedy by appeal is inadequate for the reason that the trial would involve heavy expense for transporting witnesses which could not be recovered as legal costs, prohibition will lie, notwithstanding the remedy by appeal.