Legal Opinion

Harris v. Helena Gold Mining Co.

Nevada Supreme Court

Decided October 15, 1907No. 1729PublishedCited by 1 opinion

Appeal from tbe District Court of the First Judicial District of the State of Nevada, Esmeralda County; M. A. Murphy, Judge. Action by S. H. Harris against The Helena .Gold Mining Company. From a judgment sustaining a special demurrer to the complaint, plaintiff appeals The facts sufficiently appear in the opinion.

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Appeal from tbe District Court of the First Judicial District of the State of Nevada, Esmeralda County; M. A. Murphy, Judge. Action by S. H. Harris against The Helena .Gold Mining Company. From a judgment sustaining a special demurrer to the complaint, plaintiff appeals The facts sufficiently appear in the opinion. I. " Civil action in the district courts shall be commenced by the filing of a complaint with the clerk of the court and the issuance of a summons thereon; provided, that after the filing of the complaint, a defendant in the action may appear, answer, or demur, whether the summons…

1Opinion of the Court

By the Court,

Sweeney, J.:

This is an action founded upon an adverse claim filed by the appellant in the United States Land Office at Carson City, Nevada, against respondent’s application for a United States mineral patent. The record discloses that the adverse was filed on the 26th day of September, 1906, and that a complaint was filed in the First Judicial District Court of the State of Nevada, in and for the County óf Esmeralda, on the 26th day of October, 1906. Upon the same day a summons in due form was made out by the clerk of said court. Upon the 12th of November, 1906, the said summons…

2Cases cited3 opinions

  1. Rose v. Richmond Mining Co.Nevada Supreme Court · 1882
  2. Edgecomb v. His CreditorsNevada Supreme Court · 1885
  3. Iowa Mining Co. v. Bonanza Mining Co.Nevada Supreme Court · 1881

3Cited by1 opinion

  1. Woodstock v. WhitakerNevada Supreme Court · 1944

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