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Yosemite Gold Mining & Milling Co. v. Emerson, 208 U.S. 25 (1908)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Yosemite Gold Mining & Milling Co. v. Emerson, 208 U.S. 25 (1908)
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Yosemite Gold Mining & Milling Company v. Emerson No. 69 Argued December 13, 19078 Decided January 6, 1908 208 U.S. 25
Syllabus
The object of requiring the posting of the preliminary notice of mining claims is to make known the purpose of the discoverer and to warn other of the prior appropriation, and one having actual knowledge of a prior location and the extent of its boundaries, the outlines of which have been marked, cannot relocate it for himself and claim a forfeiture of the original location for want of strict compliance with all the statutory requirements of preliminary notice.
The determination by the trial court that the locators of a mining claim had resumed work on the claim after a failure to do the annual assessment work, required by § 2324, Rev.Stat., and before a new location had been made, and the finding by the highest court of the state that such determination is conclusive, do not amount to the denial of a federal right set up by the party claiming the right to relocate the claim, and this Court cannot review the judgment under § 709, Rev.Stat.
Quaere, and not decided, whether a forfeiture arises simply from a violation of a mining rule established by miners of a district which does not expressly make noncompliance therewith work a forfeiture.
149 Cal. 50 affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Yosemite Gold Mining & Milling Co. v. Emerson, 208 U.S. 25 (1908) in 208 U.S. 25 208 U.S. 28. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=XRRGQLBXKL9EBF1.
MLA: U.S. Supreme Court. "Syllabus." Yosemite Gold Mining & Milling Co. v. Emerson, 208 U.S. 25 (1908), in 208 U.S. 25, page 208 U.S. 28. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=XRRGQLBXKL9EBF1.
Harvard: U.S. Supreme Court, 'Syllabus' in Yosemite Gold Mining & Milling Co. v. Emerson, 208 U.S. 25 (1908). cited in 1908, 208 U.S. 25, pp.208 U.S. 28. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=XRRGQLBXKL9EBF1.
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