Argonaut Mining Co. v. Kennedy Mining & Milling Co.

This is an action for damages for the value of ore alleged to have been taken by defendant from plaintiff’s mine, situate in Amador county. The defendant denies taking any ore, or gold-bearing rock, from plaintiff’s mine, and avers that defendant is the owner of the mine from which the rock was taken.

The cause was submitted in the trial court upon an agreed statement of facts, each party having the right to object to the relevancy, competency, and materiality of any part of it. Certain objections to evidence were made by the appellant, which were overruled by the court, and the main argument here has been in regard to these rulings. Much of the evidence was objected to simply upon the ground of immateriality. All that I deem it necessary to say in regard to such rulings is that, admitting that the trial court erred as I am inclined to think it did, defendant has suffered no harm. The question of law upon which the case must turn is not changed or affected by receiving this immaterial evidence.

The controversy is indicated by .the following diagram:

owns the Kennedy mine and the Silva mine. All three mines had passed to patent before the ore was taken out by defendant. The ore…