Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1915-07-21
WEST END-EXTENS|ON
CASE BEFORE COURT
CONTINUED from Page p

ings in the said Egyptian lode mining
claim, near to the bottom Of said
winze for the purpose of inspection
and surveys.
In this connection affiant alleges
that the plaintiffs company has hereto
fore mined, excavated, and stopped in
a vein or lode in the said Egyption
lode mining claim to an extent UNI
known to affiant or the defendant com
pany, that plaintiff company has, in
so mining on said vein or lode, carried
some of it's slopes and openings to
point about fifteen feet from and be.
low the bottom OF winze VIZ. 344,
which stope and underground open
ings affiant has set forth approximate.
Nv on Exhibit "B" hereto attached and
marked "Stope approximate; no sur
yey" That in addition to said stope
the said plaintiff company, in the same
vein or lode so stopped, as aforesaid,
has, as affiant is informed and be-
lieyes. mined and excavated levels,
drifts. raises, wines, slopes and open
lngs, the size, extent. direction and
character of which are wholly I'M
known TO affiant or defendant com
pany. that. as afiiant is informed and
believes. the said plaintifi company.
In so mining and eXcayating said
slopes, levels drifts and underground
works in said vein or lode in the Egyp-
tian lode mining claim. has encoun-
tered and mined ore and rock of great
value That, as affiant is informed and
believes and so alleges, the vein or
lode in the Egyptian lode mining
claim, in and upon which sad plaintiff
company has so mined and excavated
said levels, drifts, raises. slopes and
underground works, is the said Cali
fornia vein or lode belonging to and
owned by defendant company and
which it has so developed from its top
or apex in the said California lode min
ing claim on it's dip northerly and
downward dip into and beneath the
surface OF said Egyptian lode mining
claim 10 The bottom of Wine VIZ. 3i4,
and within fifteen feet of the
slopes OF plaintifi company That
il would thus reasonably appear
that the said plaintiff company
does not own the said vein or
lode upon which Il has so mined ana
eXcayated said underground Slopes
and works, and has not and never had
any interest in or title thereto, but
that It belongs to and is owned by de
PENDANT company,
Affiant further AYERS that he has
reason to believe, and does believe.
that the said plaintiff company, its
agents and employees, are now and
have been trespassing upon the said
California vein or lode owned by de.
PENDANT company as aforesaid, and
that part thereof that penetrates and
lies within the said Egyptian lode min.
ing claim, and have made and exca-
waited therein Slopes, levels, drifts,
wines. upraises, and other openings,
and extracted ore therefrom without
right and without the consent of de-
PENDANT company. Affiant further
AYERS that defendant company has the
lawful right to continue working and
developing said California vein or lode
In and beneath the surface of said
Egyptian lode mining claim and is
not liable for damage to plaintiff com
pany for any mining or development
done or made, or that may hereafter
be done or made. by defendant com
pany in said Egyptian lode mining
claim in so mining and developing
said California vein or lode, and that
defendant company should not be en-
joined from further continuing such
development work on its said Califor
MIA vein or lode, and that final de
cree, granting perpetual injunction
against defendant company, would de
prive and take from It, the right t
mine, work. and develop its said Cal
lfornia vein, to its irreparable loss
damage and injury.
In order TO establish the facts ant
to enable the defendant company Il
prepare its answer and defense. an'
in the interest of justice and that thi
Court may be fully appraised or all tn
facts In this case as to whether de
PENDANT company is right or wrong Il
pursuing the development of its sal
California vein or lode, and whether
should be perpetually enjoined fror
what II has done, and whether
should be permanently enjoined froI
developing further and deeper into tn
Egyptian lode mining claim, 1t Is M
cessary that defendant company b
given permission to continue sinkin
said winze VIZ. 344 on its said Cal
fornia vein or lode to greater depth
ascertain whether Il will connect I
with and break into the said stoD'
and underground works of said plal
a .N...s Il.