McGarrity v. Byington
California Supreme Court
Appeal from the Fourteenth District, County of Sierra. This was an action of ejectment for the recovery of mining claims. The complaint alleges that plaintiff was seized, possessed, etc., of the premises in controversy, and that on the first day of June, 1857, defendants entered, etc., and ejected him (plaintiff), and continue to withhold possession of said premises from plaintiff, and prays restitution.
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Appeal from the Fourteenth District, County of Sierra. This was an action of ejectment for the recovery of mining claims. The complaint alleges that plaintiff was seized, possessed, etc., of the premises in controversy, and that on the first day of June, 1857, defendants entered, etc., and ejected him (plaintiff), and continue to withhold possession of said premises from plaintiff, and prays restitution. The answer admits the possession of defendants, but justifies under a claim of prior possession. The cause was tried by a jury. On the trial, Samuel Thomas, a witness for the plaintiff, was…
1Opinion of the CourtBaldwin, J.
Ejectment for mining claims.
Many points are made by the appellants. We shall consider them very briefly: 1st. That the Court improperly refused to nonsuit plaintiff. The answer is, the grounds of the motion do not appear; therefore we cannot consider it. (10 Cal. 267.) 2d. Error in the admission' of bill of sale from Day to Thomas. Clark, the witness to the bill, was out of the State. Thomas swears he saw Clark witness it, and saw Day, the grantor, sign it; true, he says, on cross-examinar *430tian, that he cannot read, but recognized the paper from the contents read to him: but Lester swears,…
2Cases cited1 opinion
- Kiler v. KimbalCalifornia Supreme Court · 1858
3Cited by21 opinions
- Jupiter Mining Co. v. Bodie Consolidated Mining Co.District Court, D. California · 1881
- Richardson v. McNultyCalifornia Supreme Court · 1864
- Hutchings v. CobbleSupreme Court of Oklahoma · 1911
- Last Chance Min. Co. v. Bunker Hill & S. Mining & Concentrating Co.Court of Appeals for the Ninth Circuit · 1904
- Wright v. Fire InsuranceMontana Supreme Court · 1892
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