Legal Opinion

Attwood & Walker v. Fricot

California Supreme Court

Decided July 1, 1860PublishedCited by 12 opinions

Appeal from the Fourteenth District. Suit for damages for entering upon and working certain quartz mining claims, and for injunction restraining, etc.

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Appeal from the Fourteenth District. Suit for damages for entering upon and working certain quartz mining claims, and for injunction restraining, etc. In 1850 and 1851, Stevenson, Whitcomb, Peake, and others located a number of quartz claims on Massachusetts and New York Hills, near Grass Valley, Nevada county, and in accordance with the customs and regulations of miners in that locality, held and worked the same as a corporation, under the name of the Nevada County Gold Mining Company, until March 11th, 1853. On that day the company leased the claims to Hepburn & Attwood for ten years, and…

1Opinion of the CourtBaldwin, J.

Field, C. J. and Cope, J. concurring.

We do not think it necessary to go into a full examination of this case, for on another trial all the questions here made probably will not arise.

1. The first error assigned is the ruling of the Court excluding ihe entry of the transfer made on the books of the Recorder, as proof of the fact of transfer. We think the ruling right. The fbooik was admissible as evidence of a compliance with the rules of 4he mining district, and this particular entry admissible to show the compliance with the miners’ rule requiring the recording of transfers. But we see no…

2Cited by12 opinions

  1. Campbell v. RankinSupreme Court of the United States · 1879
  2. Cosmos Exploration Co. v. Gray Eagle Oil Co.Court of Appeals for the Ninth Circuit · 1901
  3. Holden v. LynnSupreme Court of Oklahoma · 1911
  4. Cordano v. KelseyCalifornia Court of Appeal · 1915
  5. Garthe v. HartCalifornia Supreme Court · 1887

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