Live Yankee Co. v. Oregon Co.
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. This was an action for the recovery of possession of a mining claim.
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Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. This was an action for the recovery of possession of a mining claim. The only question in the case was, whether the dividing line between the plaintiffs’ and defendants’ claims ran on a course S. 57¿ E., or S. 58 E., from an admitted starting point, the question being whether it ran parallel with the boundary line between the plaintiffs’ claim and the Buckeye claim, the claim adjacent to that of plaintiff on the other side. The evidence on this point was conflicting. The jury found a verdict for the…
1Opinion of the CourtMurray, C. J.
The Court below properly refused the motion for a new trial.
The testimony set out in the plaintiffs’ affidavits, is, at best, cumulative, and would serve to contradict the defendants’ witness. The appellants cannot complain of surprise. There was but one question in the case; that was, whether the line dividing the plaintiffs’ and defendants’ claim ran S. 57 J E., as contended by the plaintiffs, or S. 58 E., as contended by the defendants. To this issue, witnesses were summoned and examined, and the case went to the jury upon it. If the plaintiffs were at all surprised by the testimony of the…
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