Mallett v. Uncle Sam Gold & Silver Mining Co.
Nevada Supreme Court
Appeal from the Eirst Judicial District of the State of Nevada, Storey County, Hon. Riohaed Rising presiding'.. The facts appear in the opinion of the Court. The acts of defacto officers are valid as to third persons. .(Cowen’s Treatise, 590, sec. 1,386; Culbertson v. City of Ca-leña, 2 Gil. 131; People y. Collins, 7 John. R. 519, 11 Cal. 188.) The .complaint, summons and return had been properly admitted.
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Appeal from the Eirst Judicial District of the State of Nevada, Storey County, Hon. Riohaed Rising presiding'.. The facts appear in the opinion of the Court. The acts of defacto officers are valid as to third persons. .(Cowen’s Treatise, 590, sec. 1,386; Culbertson v. City of Ca-leña, 2 Gil. 131; People y. Collins, 7 John. R. 519, 11 Cal. 188.) The .complaint, summons and return had been properly admitted. First — -Because Smith was an acting Justice of the Peace, and Reese, Constable, and the return showed service on Ani-sini & Phillips, plaintiff’s grantors. The objections are: First — The…
1Concurrence
Opinion by
Lewis, O. J., BeosNAN, J.,
concurring.
This action is brought to recover one hundred feet, undivided, in that certain mining ground located in the County of Storey, and now occupied and claimed by the defendants, the Uncle Sam and Baltic Gold and Silver Mining Companies. The plaintiff alleges in his complaint that on the 16th day of November, A. D. 1863, he was the owner as tenant in common, in the possession and entitled to the possession of one hundred feet, undivided, in the Uncle Sam and Baltic Gold and Silver Mining Companies ;«that said claim at the time of its location was…
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