60 P. 885 | Ariz. | 1900
The United States, on March 6, 1895, brought suit in the district court of the first judicial district against one D. D. Ross and the Copper Queen Consolidated Mining Company, a corporation, to recover the sum of $183,070.50, the value of certain timber alleged to have been wrongfully
It is contended by counsel for appellant that the verdict of the jury should be set aside, and a new trial granted, because the defendant failed to prove that D. D. Ross, who was shown to have cut and removed the timber in question, and from whom the defendant purchased the same, was a citizen of the United States and a bona fide resident of the territory. The contention on the part of the appellant is, that the. authority granted in said act of June 3, 1878, is limited by the terms of the act to a citizen of the United States who is also at the time a bona fide resident of the territory. The language of the act is, “All citizens of the United States and other persons bona fide residents,” etc. The language used can have no other meaning than as including aliens as well as citizens, provided they be bona fide residents of the states and territories and districts mentioned, among the persons
The appellant requested the trial court to instruct the jury as follows: “You are further instructed that by virtue
Street, C. J., and Doan, J., concur.