Davis v. Butler
California Supreme Court
Appeal from the County Court, County of Amador. This was an action brought before a justice of the peace to determine the right to a mining claim, and carried by appeal to the County Court. In the Court below, the defendant asked for an instruction, which was given, subject to a qualification as set forth in the opinion of the Court. The jury found a verdict for plaintiff, and judgment was en- . tered accordingly. Defendant appealed.
1Opinion of the CourtChief Justice Murray
Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.
On the trial of this cause the following instruction was asked: “that if the jury found from the testimony that the plaintiff had abandoned his interest in the claim in controversy, and did not intend to return and work it before the commencement of this suit, he could not recover,” which was given with this qualification : “ subject to the seventeenth section of the Statute of Limitations, which permits an action to be brought for the recovery of personal property any time within three years.”
The qualification was erroneous; the…
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