Depuy v. Williams
California Supreme Court
Appeal from the District Court, Sixteenth Judicial District, Calaveras County. This action was commenced May 18th, 1863. The complaint charges the ouster to have taken place February 28th, 1863. The property sued for was a mineral lode, alleged to contain gold, silver, and copper', eighteen hundred feet in length. The mining laws of the district required a claim to be worked one day in thirty, from May 1st to November 1st of each year.
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Appeal from the District Court, Sixteenth Judicial District, Calaveras County. This action was commenced May 18th, 1863. The complaint charges the ouster to have taken place February 28th, 1863. The property sued for was a mineral lode, alleged to contain gold, silver, and copper', eighteen hundred feet in length. The mining laws of the district required a claim to be worked one day in thirty, from May 1st to November 1st of each year. Defendants set forth in their answer a copy of the mining laws, and plaintiffs also introduced a witness by whom they were proven. • Defendants entered after…
1Opinion of the Court
By the Court, Rhodes, J.
Ejectment to recover a mining claim. The plaintiffs were in the actual possession up to about August, 1862. The defendants were in possession at the.commencement of the action, and for their defense they rely mainly on the ground that the plaintiffs, before the entry of the defendants, abandoned the mining claim by failing to work it, according to the local mining laws. The Court below ordered a nonsuit of the plaintiffs on that ground.
The plaintiffs’ counsel does not controvert the view of the Court below, that a failure to perform the amount of work on the mining…
2Cases cited1 opinion
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
3Cited by6 opinions
- McCarthy v. BrownCalifornia Supreme Court · 1896
- Del Giorgio v. PowersCalifornia Court of Appeal · 1938
- Wicks v. SmithSupreme Court of Kansas · 1877
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- Gutierrez v. BrinkerhoffCalifornia Supreme Court · 1883
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