Iowa Mining Co. v. Bonanza Mining Co.
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. The facts appear in the opinion. I. Even though the court should be of the opinion that there has been a want of diligence on the part of appellant in the prosecution of this action, yet now that it is at issue' on the merits, on the calendar and ready to be set for trial, the respondent having neglected to make its motion to dismiss before it appeared in the action and before it was at issue, the…
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Appeal from the District Court of the First Judicial District, Storey County. The facts appear in the opinion. I. Even though the court should be of the opinion that there has been a want of diligence on the part of appellant in the prosecution of this action, yet now that it is at issue' on the merits, on the calendar and ready to be set for trial, the respondent having neglected to make its motion to dismiss before it appeared in the action and before it was at issue, the court will say that it is too late now to entertain such motion, and that the case should now go on and be tried on its…
1Opinion of the Court
By the Court,
LEONARD, C. J.:
On the eleventh day of January, 1876, the respondent made application for a patent of the mineral land described in the complaint herein, and gave notice thereof according to law.
On the eleventh of March, 1876, appellant filed an adverse claim, and on the seventh of April following, commenced this action in the proper court to determine the -question of the right of possession between appellant and respondent, by filing a complaint and issuing a summons, which, on the day of issuance, was placed in the hands of the sheriff of the county, but without directions as…
2Cases cited7 opinions
- Pratt v. RiceNevada Supreme Court · 1871
- White v. WhiteNevada Supreme Court · 1870
- Dale v. Radcliffe & CutterNew York Supreme Court · 1857
- Higley v. LantMichigan Supreme Court · 1855
- Buel v. DeweyNew York Supreme Court · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rose v. Richmond Mining Co.Nevada Supreme Court · 1882
- Doyle v. JorgensenNevada Supreme Court · 1966
- Radovich v. Western Union Telegraph Co.Nevada Supreme Court · 1913
- Taylor v. TaylorNevada Supreme Court · 1937
- Harris v. Helena Gold Mining Co.Nevada Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.