An appeal brings before the district court the necessity of the right of way or easement for the successful and convenient working of the mining claim and the amount of damages; and upon such appeal the case must be tried anew, and either party is entitled to a jury.
Source notesHistory and annotations
(47-910) 1876, p. 70, sec. 10; R.S., sec. 3139; reen. R.C. & C.L., sec. 3232; C.S., sec. 5546; I.C.A., sec. 46-810.