{
  "id": 1579478,
  "name": "FRYMIRE v. RICE",
  "name_abbreviation": "Frymire v. Rice",
  "decision_date": "1948-06-10",
  "docket_number": "No. 5102",
  "first_page": "191",
  "last_page": "193",
  "citations": [
    {
      "type": "official",
      "cite": "52 N.M. 191"
    },
    {
      "type": "parallel",
      "cite": "194 P.2d 679"
    }
  ],
  "court": {
    "name_abbreviation": "N.M.",
    "id": 8835,
    "name": "Supreme Court of New Mexico"
  },
  "jurisdiction": {
    "id": 52,
    "name_long": "New Mexico",
    "name": "N.M."
  },
  "cites_to": [
    {
      "cite": "42 P. 95",
      "category": "reporters:state_regional",
      "reporter": "P.",
      "opinion_index": 0
    },
    {
      "cite": "8 N.M. 169",
      "category": "reporters:state",
      "reporter": "N.M.",
      "case_ids": [
        4663772
      ],
      "pin_cites": [
        {
          "page": "174"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nm/8/0169-01"
      ]
    }
  ],
  "analysis": {
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    "word_count": 399
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  "last_updated": "2023-07-14T22:29:03.931466+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "BRICE, C. J., and LUJAN, SADLER, and COMPTON, JJ., concur."
    ],
    "parties": [
      "FRYMIRE v. RICE."
    ],
    "opinions": [
      {
        "text": "McGHEE, Justice.\nThe appellant, defendant below, seeks the reversal of an adverse judgment in an ejectment action for the possession of an \u2022unpatented mining claim called Gold Bar No. 5 in the Wilcox Mining District of Ca-tron County.\nWhile there are numerous assignments of error relating to the findings of fact and conclusions of law made by the court, they .are argued under the following points:\n1. There was no valid location of the claim.\n2. The required annual labor for the year 1940-1941 was not done on the claim.\nThe appellee is the successor in interest of the original locators who are now dead. Gold Bar No. S was located along with four other claims in 1929. We have examined the record relating to Point 1 and find that there is sufficient evidence to sustain the finding that the claim was validly located, the boundaries properly marked, proper notice of the location was filed in the office of the county clerk, that sufficient development work was done, and that mineral was discovered in place.\nThe trial court found that although no work was done in 1940 and 1941 on the Gold Bar No. 5 claim, the owner caused sufficient work to be done on the mother lode on other contiguous claims of the same group, which was of direct benefit to this claim, and that such work was for the benefit of all. It was also found that while the employees were doing this work they actually resided in a cabin on the No. 5 claim.\nThere is substantial' evidence to support the finding.\nWhere several adjoining mining-claims are held in common, work upon any one of them, in a given year, for the benefit of all, equal in amount to that required to be done upon all, is a sufficient compliance with the mining laws of the United States. Eberle v. Carmichael, 8 N.M. 169, 174, 42 P. 95, and cases there cited.\nWe have examined th\u00e9 record and find that the findings of fact necessary to support the judgment are supported by substantial evidence.\nThe judgment will be affirmed, and it is so ordered.\nBRICE, C. J., and LUJAN, SADLER, and COMPTON, JJ., concur.",
        "type": "majority",
        "author": "McGHEE, Justice."
      }
    ],
    "attorneys": [
      "Hubert O. Robertson, of Silver City, for appellant.",
      "Clyde T. Bennett, of Silver City, for appellee."
    ],
    "corrections": "",
    "head_matter": "194 P.2d 679\nFRYMIRE v. RICE.\nNo. 5102.\nSupreme Court of New Mexico.\nJune 10, 1948.\nHubert O. Robertson, of Silver City, for appellant.\nClyde T. Bennett, of Silver City, for appellee."
  },
  "file_name": "0191-01",
  "first_page_order": 217,
  "last_page_order": 219
}