Nash v. McNamara
Nevada Supreme Court
Appeal from the District Court of the Third Judicial District of the State of Nevada, Nye County; Peter^ Breen, Judge. Action by A. D. Nash, and others, against Dan McNamara, and others. From a judgment for plaintiffs, defendants appeal. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the Third Judicial District of the State of Nevada, Nye County; Peter^ Breen, Judge. Action by A. D. Nash, and others, against Dan McNamara, and others. From a judgment for plaintiffs, defendants appeal. The facts sufficiently appear in the opinion. I. The court erred in permitting the witness O’Brien to testify as to the contents of the alleged notice of location of Union No. 2. No proper foundation was laid for such testimony, the witness only stating that "he did not have the notice, did not have a copy,- looked in the monument for it, but it had not been…
1Opinion of the Court
By the Court,
Talbot, O. J.:
The respondents, who were plaintiffs in the district court, brought this action to recover certain claims called the "Unions” with designated numbers, situated in the Manhattan Mining District, and which had been located on the 24th and 25th days of July, 1905. It was also stated in the complaint, that the defendants were breaking down and removing large quantities of ore from the premises, and the prayer was for the recovery of possession, for an injunction, and for $10,000 damages. The defendants, who are the appellants here, set up ownership and possession of the…
2Cases cited24 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- Atherton v. FowlerSupreme Court of the United States · 1878
- Haws v. Victoria Copper Mining Co.Supreme Court of the United States · 1895
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3Cited by11 opinions
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- Street v. Delta Mining Co.Montana Supreme Court · 1910
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