Stone v. Geyser Quicksilver Mining Co.
California Supreme Court
Appeal from the District Court, Seventh Judicial District, County of Sonoma. Ejectment to recover possession of a tract of quicksilver mining claims, in Sonoma County. The testimony tended to show that the plaintiff and a number of other persons located the ground for quicksilver mining in 1860, and entered into possession of the same, and performed labor thereon. The plaintiff had acquired the title of the others, and dbmmenced this suit in.
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Appeal from the District Court, Seventh Judicial District, County of Sonoma. Ejectment to recover possession of a tract of quicksilver mining claims, in Sonoma County. The testimony tended to show that the plaintiff and a number of other persons located the ground for quicksilver mining in 1860, and entered into possession of the same, and performed labor thereon. The plaintiff had acquired the title of the others, and dbmmenced this suit in. October, 1874. The defendants entered upon the ground about the year 1871, and claimed it for the same purpose. One of the issues was whether, prior to…
1Opinion of the Court
Defendants’ instruction directed the jury to consider all the plaintiff’s acts indicating an absence of intention to preserve his rights. It should have authorized the jury to consider, along with other things, all acts showing an intention not to preserve his rights. It shifts the onus.
It is a negative pregnant. It gives the jury the Court’s permission to look only at acts making against the plaintiff, and to ignore everything in his favor.
It also authorized an inquiry on the part of the jury that was altogether officious. It told them the evidence should not only affirmatively show the…
2Cases cited5 opinions
- Davis v. PerleyCalifornia Supreme Court · 1866
- People v. WaldenCalifornia Supreme Court · 1877
- Fuentes v. United StatesSupreme Court of the United States · 1860
- Gluckauf v. ReedCalifornia Supreme Court · 1863
- Tate v. BlackburneMississippi Supreme Court · 1873
3Cited by12 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Stooksbury v. SwanTexas Supreme Court · 1893
- Scott v. WoodCalifornia Supreme Court · 1889
- Linforth v. S.F. Gas and Electric Co.California Supreme Court · 1909
- Doyle v. BurnsSupreme Court of Iowa · 1904
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