Helm v. Chapman
Cases that cite this one
19 later published cases cite this decision.
- Salter v. Kindom Uranium Corporation (N.M. 1960)
- Bowline v. Gries (Cal. Ct. App. 1950)
- Western Elec. Co., Inc. v. Colley (Cal. Ct. App. 1926)
- Western Well Works, Inc. v. California Farms Co. (Cal. Ct. App. 1923)
- Slayden v. O'Dea (Cal. 1920)
- Kosidowski v. City of Milwaukee (Wis. 1913)
- Watson v. Noonday Mining Co. (Or. 1900)
- New England Engineering Co. v. Oakwood St. Ry. Co. (U.S. Circuit Court for the District of Southern Ohio 1896)
- Williams v. Mountaineer Gold Mining Co. (Cal. 1894)
- Pennsylvania Steel Co. v. J. E. Potts Salt & Lumber Co. (6th Cir. 1894)
- Deiner v. Sutermeister (Mo. 1915)
- Stevens v. Stanton Construction Co. (Appellate Division of the Supreme Court of New York 1912)
- Castagnetto v. Coppertown Mining & Smelting Co. (Cal. 1905)
- Pacific Rolling Mill Co. v. Bear Valley Irrigation Co. (Cal. 1898)
- Hines v. Miller (Cal. 1898)
- Morse v. De Ardo (Cal. 1895)
- People v. Gunn (Cal. 1890)
- Forbes v. Willamette Falls Electric Co. (Or. 1890)
- Silvester v. Coe Quartz Mine Co. (Cal. 1889)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Section 1185 of the Code of Civil Procedure treats of the “ building, improvement, or structure” as separate and distinct from the land upon which it is erected or constructed. We think, without doing violence to the received meaning of language, a mine or pit sunk within a mining claim may be called a structure. Section 1188 does not, it is true, provide for a lien upon mines, but upon “ mining claims.” The lien, if it exists at all, extends to the whole claim. Strictly speaking, of course, a “ mining claim ” cannot be constructed, altered, or repaired. The intention of the law makers seems to have been to give a lien upon the whole claim, for labor performed on, and for materials furnished for and used in, any structure, or on or in the alteration or repair of any structure, or on or in the mining claim. We deem it our duty to give effect to the legislative purpose, by holding that one who performs labor in any pit, shaft or gallery of a mine is entitled to a lien on the whole mining claim»
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.