Emerson v. Yosemite Gold Mining & Milling Co.
California Supreme Court
The facts are stated in the opinion of the court. F. W. Street, W. C. Kennedy, and Will M. Beggs, for Appellant.
1Opinion of the CourtAngellotti, J.
This is an action to quiet title to a mining claim in Tuolumne County, called the Slap Jack Mine. Judgment went for the plaintiffs, and defendant Yosemite Gold Mining and Milling Company appeals from the judgment and an order denying its motion for a new trial. This is the second appeal in this cause. (See Emerson: v. McWhirter, 133 Cal. 510, [65 Pac. 1036].) Upon the first trial judgment was given in favor of defendant McWhirter, and on the appeal therefrom this judgment and an order denying plaintiffs’ motion for a new trial were reversed. Upon the going down of the remittitur, the Tosemite…
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