Benson Mining Smelting Company v. Alta Mining Smelting Company

STATEMENT BY MR. JUSTICE BREWER.

On July 25, 1884, appellee, plaintiff below, commenced its action in the district court of the first judicial district of the territory of Arizona to recover of defendant the sum of $25,000 for 210 tons of silver bearing ore, mined and removed from the Alta mine, situated in the Harshaw mining district, in Pima county, Ariz. A jury having been waived, the case was tried before the court, and a judgment was entered for the plaintiff on March 22, 1886, for the sum of $4,590.06, with interest from that time until paid at the rate of 10 per cent. per annu. Defendant took the case to the supreme court of the territory, which, on February 17, 1888, affirmed the judgment. From such judgment of affirmance defendant appealed to this court.

''Nathl. Wilson'', for appellant.

J. A. Anderson and T. M. Norwood, for appellee.

Mr. Justice BREWER, after stating the facts in the foregoing language, delivered the opinion of the court.