The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-30
CASE WILL Be TRANSFERRED
The Final Evidence in Celebrated
Mining Suit to Be Heard in
Salt Lake City.

Nephi, June 29.-For THE past two weeks
Judge Greenwood has been engaged here
in the trial of the case of the Grand Cen
trail Mining company against the Mann
moth Mining company. Tie evidence
upon the part Of the plaintiff was con-
cluded the early part Of the week, and at
the adjournment last night the parties in
formed the court that the rest of the HVi-
denee would not consume more than o
day and a half And at this point both
parties Joined i'm a request to the court
to have the remainder of the testimony,
and the arguments in the case. heard at
Salt Lake City for the reason that they
were practically without library down
here. and that the law points to be
brought out on the arguments of the case
been evidenced during the progress OF the
trial, when some legal questions arose
which. on account Of the want of author
tiles. could not be presented. and so were
passed TO be presented at the closing. OF
the testimony. The judge was somewhat
opposed to taking The court out of the
district. but IN view of the Importance or
the case, and being anxious to hear the
legal phase fully presented. and in view
Of the further fact that the parties to
the litigation were heavy taxpayers and
entitled TO some consideration. the court
finally yielded to the requests of the at.
torneys in the case and adjourned Il TIL
Monday morning next, when It would be
resumed at Salt Lake City.
During the trial of the case some very
important questions in mining Law have
been presented. Among others is the con-
tention of the defendants. that the title
to the ore bodies in dispute had not been
determined by the decisions heretofore
rendered in the litigation between the
parts; because in that litigation the case
was simply heard upon the PLAINTIFF
complaint and the defendants counter
claim which alleged the apex of the ore
bodies in dispute to be in the First North
ern Extension of the Mammoth. and that
the court entered a judgment disfhissins
said counter claim, still leaving undeter-
mined the point as to where the apex Is.
Another point raised by the defendants
is that the plaintiff has failed to prove
that the ore bodies in question are owned
by il. maintaining that the proof now be-
fore the court shows conclusively that the
apex of said ore beds is not within the
claims of the Grand Central Mining CONF
pany. but has its apex in other ground
than that of the Siiveropolis claim owned
by the plaintiff, and claims that said ore
body in dispute apexes In lots belonging to
defendants.
Still another point urged by the de-
PENDANT is that the transfer of the prop
pany of Utah TO the Grand Central Min
ing company of Colorado (Which latter
company is now the plaintiff in this easel
Is ultra wires and void for the reason that
the transfer from the Utah corporation
to the Colorado corporation of all the
property of the Utah corporation. In the
manner in which it was transferred, was
contrary to law and against public pOlity,
and that the Grand Central Mining come
pany is not the real party in interest and
cannot therefore recover in this action.