Harvey v. Ryan
California Supreme Court
Appeal from the District Court of the Second Judicial District, Butte County. This was an action to recover possession of certain mining ground in Sawmill Eavine, Cherokee Elat District, Butte County, and five hundred dollars damages for alleged illegal detention. The defendants answered, fully denying the allegations of the complaint, and setting up title in themselves.
Read the full summary
Appeal from the District Court of the Second Judicial District, Butte County. This was an action to recover possession of certain mining ground in Sawmill Eavine, Cherokee Elat District, Butte County, and five hundred dollars damages for alleged illegal detention. The defendants answered, fully denying the allegations of the complaint, and setting up title in themselves. The cause was tried before a jury, and a verdict was rendered in favor of plaintiff for possession of the ground and one cent damages. Judgment having been entered in accordance with the verdict, and a new trial denied, the…
1Opinion of the Court
By the Court, Niles, J.:
This was an action of trespass involving the right to the possession of certain placer mining claims. The defendants claimed under a location purporting to have been made in May, 1858. The plaintiffs claimed a portion of the same ground under a location purporting to have been made in May, 1866.
It was proven at the trial that at a meeting of the miners of the mining district, held in Rovember, 1861, certain written rules were adopted, regulating the manner of location and size of claims. These rules contained no requirement that notices should be posted upon the claims…
2Cited by2 opinions
- Poujade v. RyanNevada Supreme Court · 1893
- Roberts v. WilsonUtah Supreme Court · 1876