Fox v. Myers
Nevada Supreme Court
Appeal from the District Court of the First Judicial District of the State of Nevada, Esmeralda County; M. A. Murphy, Judge. Action by Samuel Fox, and others, against A. D. Meyers, and others. From a judgment in favor of defendants, plaintiffs appeal. The facts sufficiently appear in the opinion. I. It is claimed by the appellants that they have made out a prima facie case, or made such a showing as that which is received or continues until the contrary is shown.
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Appeal from the District Court of the First Judicial District of the State of Nevada, Esmeralda County; M. A. Murphy, Judge. Action by Samuel Fox, and others, against A. D. Meyers, and others. From a judgment in favor of defendants, plaintiffs appeal. The facts sufficiently appear in the opinion. I. It is claimed by the appellants that they have made out a prima facie case, or made such a showing as that which is received or continues until the contrary is shown. If such as in judgment of law continues and is sufficient for the purpose, or where the inference of fact can be legitimately drawn…
1Opinion of the Court
By tbe Court,
Norcross, J.:
This is an action of ejectment to recover possession of a certain mining claim in Goldfield Mining District, Esmeralda County. Upon tbe trial of tbe cause in tbe court below, after plaintiffs bad offered tbeir evidence, counsel for respondents interposed a motion for a nonsuit. Tbe motion was granted, and judgment entered accordingly. Plaintiffs appeal from tbe judgment, and from an order denying tbeir motion for a new trial.
*176The allegations of plaintiffs7 complaint which are material in the consideration of the questions presented upon this appeal, are substantially…
2Cases cited12 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Iron Silver Mining Co. v. CheesmanSupreme Court of the United States · 1886
- Gleeson v. Martin White Mining Co.Nevada Supreme Court · 1878
- Hanley v. California Bridge & Construction Co.California Supreme Court · 1899
- Migeon v. Montana Cent. Ry. Co.Court of Appeals for the Ninth Circuit · 1896
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3Cited by7 opinions
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
- McCafferty v. FlinnNevada Supreme Court · 1910
- Cann v. George B. Williams Land & Livestock Co.Nevada Supreme Court · 1935
- Berto v. WilsonNevada Supreme Court · 1958
- Crofoot v. HillNevada Supreme Court · 1958
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