King v. Amy Silversmith Consolidated Min Co’s Empirical Analysis

Citation profile

25 federal appellate · 8 district · 20 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““in effect, a declaration that locations resting simply upon a conjectural or imaginary existence of a vein or lode within their limits shall not be permitted. A location can only rest npon an actual discovery of the vein or lode.””

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Safe Investment Gold Mining Co. · Cook v. Johnson

2. “all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically.”

   2 later decisions quote this exact passage · from the majority
   e.g. Del Monte Mining & Milling Co. v. Last Chance Mining & Milling Co. · Walrath v. Champion Mining Co.

3. ““The words ‘vein or lode.’ in the last clause c£ this statute, wore evidently intended to apply to such veins or lodes as were ‘described in llie first section, and to have Hie same meaning, viz. a vein or lode ‘of quartz or other rock in place bearing gold, silver,’ etc. This statute was intended to be liberal and broad enough to apply to any kind of a lode or vein of quartz or oilier rock bearing mineral, in whatever kind, character, or formation ¡he mineral ¡night be found. It should bo so construed as to proioet locators of mining claims, who have discovered rock in place, bearing any of the precious metaJs named therein, sufficient hr justify the localors in expending their lime and money in prospering and developing- the ground located. It must be borne in mind that the veins and lodes are not always of the same character. In some mining districts the veins, lodes, and ore deposits are so well and clearly defined as to avoid any questions being raised. In other localities the mineral is found in seams, narrow crevices, cracks, or fissures in the earth, the precise extent and character of which cannot be fully ascertained until expensive explorations are made, and the continuity of the ore and existence of the rock iu plací', hearing mineral, is established. It never was intended that the locator of a mining claim must determine all these facts before he would be entitled, under the law, to make a valid location. If very vein or lode is liable to have barren spots and na”

   1 later decision quote this exact passage · from the majority
   e.g. Shoshone Min. Co. v. Rutter