Reamer v. Nesmith
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, Placer County. This was an action by plaintiff, who claimed to- be owner of and in the possession of certain mining claims, known as the Swindle Hill Claims, on Swindle Hill, near Yankee Jim’s, to determine an adverse claim thereto by defendants.
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Appeal from the District Court, Fourteenth Judicial District, Placer County. This was an action by plaintiff, who claimed to- be owner of and in the possession of certain mining claims, known as the Swindle Hill Claims, on Swindle Hill, near Yankee Jim’s, to determine an adverse claim thereto by defendants. Defendant Hesmith alone answered, by disclaiming as to all of said claims, except a certain portion thereof particularly described as constituting the Booth Claims, to which he made claim of title, and pleaded the Statute of Limitations as against plaintiff’s right of recovery. On the…
1Opinion of the Court
By the Court, Sanderson, J.:
So far as the case of appellant rests upon the Statute of Limitations, we are unable to consider it, for the reason that the transcript fails to show when the action was commenced. This defect in the transcript was discovered at the argument, and counsel stipulated that the appellant might obtain the certificate of the Clerk below as to the date at which the action was commenced, and make the same a part of the transcript.' *626This, however, has not been clone, and we are, therefore, unable to determine whether the case falls within the statute or not.
The point that…
2Cases cited2 opinions
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- Reed v. SpicerCalifornia Supreme Court · 1864
3Cited by16 opinions
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- Joyce v. TomasiniCalifornia Supreme Court · 1914
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- Shaban v. ShabanCalifornia Court of Appeal · 2001
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