Table Mountain Tunnel Co. v. Stranahan
California Supreme Court
Appeal from the District Court, Fifth Judicial District, Tuolumne County. This 'action was commenced in April, 1861. There have been two former appeals to this Court which are reported in the 20 Cal. 198, and 21 Cal. 548. The material facts, except such as refer to the points now passed on by the Court, will be found reported on the first appeal. The mining district where the claim in dispute is located is called the Table Mountain District.
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Appeal from the District Court, Fifth Judicial District, Tuolumne County. This 'action was commenced in April, 1861. There have been two former appeals to this Court which are reported in the 20 Cal. 198, and 21 Cal. 548. The material facts, except such as refer to the points now passed on by the Court, will be found reported on the first appeal. The mining district where the claim in dispute is located is called the Table Mountain District. In 1855, at the time the plaintiff claimed to have entered upon and succeeded to the rights of the Experimental Company, there were no mining customs or…
1Opinion of the Court
By the Court, Rhodes, J.:
The appeal is taken from the order granting the plaintiff a new trial. Both parties have discussed most of the grounds of the motion for a new trial, but as the record does not show upon which of the grounds the Court relied in making the order, we shall consider only those which in our opinion clearly dispose of this appeal.
When this cause was formerly before the Court (20 Cal. 198) it was held on the authority of English v. Johnson, 17 Cal. 107, that “ where a claim is distinctly defined by physical marks, possession taken for mining purposes embraces the whole…
2Cases cited4 opinions
- English v. JohnsonCalifornia Supreme Court · 1860
- Caulfield v. SandersCalifornia Supreme Court · 1861
- Table Mountain Tunnel Co. v. StranahanCalifornia Supreme Court · 1862
- Schroeder v. JahnsCalifornia Supreme Court · 1865
3Cited by3 opinions
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- Fullerton v. BaileyUtah Supreme Court · 1898
- Spanish Fork City v. HopperUtah Supreme Court · 1891