Legal Opinion

Gillis v. Stinchfield

Supreme Court of the United States

Decided November 18, 1895No. 661PublishedCited by 11 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. This was an action brought by Stinchñeld against Gillis and others in the Superior Court of Tuolumne County, Cali- • fornia, to recover the value of certain gold alleged to have been talfen by defendants from the mining claim of plaintiff.

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ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. This was an action brought by Stinchñeld against Gillis and others in the Superior Court of Tuolumne County, Cali- • fornia, to recover the value of certain gold alleged to have been talfen by defendants from the mining claim of plaintiff. Gillis, for many years, had held' and asserted ownership of a mining claim known as the Carrington, and had sold and conveyed by deed of grant, bargain and sale a portion of the ground to Stinchñeld. Immediately after executing the deed to Stinchñeld, Gillis located that portion of the claim which he…

1Opinion of the Court

The Chief Justice:

Neither in the pleadings nor in the proceedings during the trial, nor in the specifications of error below, was any Federal question specifically raised, nor was any right, title, privilege, or immunity of a Federal náture set up or claimed. Sayward v. Denny, 158 U. S. 180. It is, howevér, contended that the record shows that a Federal question arose in the case, as considered by both the Superior and the Supreme Courts, and was decided adversely to plain-, tiffs in error, namely, that Gillis had the right to follow what was known as the Rice vein, which had its apex on the…

2Cases cited3 opinions

  1. Eustis v. BollesSupreme Court of the United States · 1893
  2. Sayward v. DennySupreme Court of the United States · 1895
  3. Rutland R. Co. v. Central Vermont R. Co. (Two Cases)Supreme Court of the United States · 1895

3Cited by11 opinions

  1. Enterprise Irrigation District v. Farmers Mutual Canal Co.Supreme Court of the United States · 1917
  2. Blackburn v. Portland Gold Mining Co.Supreme Court of the United States · 1900
  3. Bacon v. TexasSupreme Court of the United States · 1896
  4. Seaboard Air Line Railway v. DuvallSupreme Court of the United States · 1912
  5. Seneca Nation v. ChristySupreme Court of the United States · 1896

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