Legal Opinion

Jupiter Mining Co. v. Bodie Consolidated Mining Co.

District Court, D. California

Decided March 12, 1881PublishedCited by 56 opinions

This was an action in the nature of an action of trespass upon a lode mining claim in the Bodie mining district, California, in which the defendant pleaded title to the locus in quo. The case was removed from the state court to the circuit court of the United States, where it was tried hy a jury.

1Opinion of the Court

Sawyer, C. J.,

(charging jury.) Counsel having ably discharged their duty, it now devolves on the court to state to you the law governing this ease, and then it will be your duty and your province to determine the facts. The questions of fact are for you alone to determine; the weight to be given to the evidencej the credit to be given to the witnesses, and everything relating to a disputed question of fact, is for your sole consideration and determination.

If I state the testimony I shall only do it for the purpose of calling your attention to it and stating its tendency, but I shall not go…

2Cases cited2 opinions

  1. Bell v. Bed Rock Tunnel & Mining Co.California Supreme Court · 1868
  2. McGarrity v. ByingtonCalifornia Supreme Court · 1859

3Cited by56 opinions

  1. Miller v. ChrismanCalifornia Supreme Court · 1903
  2. Nevada Sierra Oil Co. v. Home Oil Co.U.S. Circuit Court for the District of Southern California · 1899
  3. Last Chance Min. Co. v. Bunker Hill & S. Mining & Concentrating Co.Court of Appeals for the Ninth Circuit · 1904
  4. Weed v. SnookCalifornia Supreme Court · 1904
  5. Shoshone Min. Co. v. RutterCourt of Appeals for the Ninth Circuit · 1898

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