Bigelow v. Gove
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, in the County of Sierra. This was an action by the members of the Bigelow Mining Company against the Cold Spring Mining Company.
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Appeal from the District Court of the Fourteenth Judicial District, in the County of Sierra. This was an action by the members of the Bigelow Mining Company against the Cold Spring Mining Company. The first count in the complaint averred that the plaintiffs, being in the quiet possession of certain mining-premises, the defendants, with force and violence, took forcible possession thereof, and extracted therefrom a large amount of gold, to the damage of plaintiffs, in the sum of twenty thousand dollars. 2. That the defendants were adverse claimants, and wrongfully withheld possession of a…
1Opinion of the CourtMurray, C. J.
The Court below erred in overruling the demurrer to the *135declaration, which improperly joins an action of trespass guare clausum fregit, ejectment, and prayer for relief in chancery.
We have never held parties to a very nice strictness in pleading, but at the same time it has always been our earnest desire that some formality should be observed, and we think that the pleadings in a cause should show clearly and affirmatively the relief demanded. A Court should not be compelled to resort to rules of construction to determine what is meant by the party, or whether he may have possibly intended to…
2Cited by3 opinions
- Reynolds v. LincolnCalifornia Supreme Court · 1886
- Pfister v. DasceyCalifornia Supreme Court · 1884
- Tagliaferri v. GrandeNew Mexico Supreme Court · 1911