Byrnes v. Douglass
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Storey county; Richard Rising, District Judge: Action by James D. Byrnes and others against J. M. Douglass. Judgment for defendant, and plaintiffs appeal. Action of ejectment to recover possession of the Atlantic Consolidated Mining claim, and of a tunnel known as the “ Atlantic Consolidated Tunnel,” which begins some 300 feet from said claim, and runs into and through the same.
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Appeal from the District Court of the State of Nevada, Storey county; Richard Rising, District Judge: Action by James D. Byrnes and others against J. M. Douglass. Judgment for defendant, and plaintiffs appeal. Action of ejectment to recover possession of the Atlantic Consolidated Mining claim, and of a tunnel known as the “ Atlantic Consolidated Tunnel,” which begins some 300 feet from said claim, and runs into and through the same. The complaint alleges plaintiffs’ ownership of the premises, ouster by the defendant, and that the tunnel was constructed by plaintiffs’ predecessors in interest…
1Opinion of the Court
By the Court,
Bigelow, C. J.
(after stating the facts):
The only part of the plaintiffs’ mining claim which the defendant was detaining from them at the commencement of the action is the tunnel above described. That, consequently, is all there is in dispute. The order in the condemnation proceeding authorized the defendant, during the pendency of those proceedings, to take possession of that part of the tunnel which passed through the Atlantic mining claim. This order, if valid, would seem to be a complete defense as to that part of the ground. Its validity is.attacked only upon one point, and…
2Cases cited2 opinions
- Rector v. GibbonSupreme Court of the United States · 1884
- Richardson v. ButlerCalifornia Supreme Court · 1889
3Cited by2 opinions
- Riverside Coal Co. v. North Indianapolis Cradle WorksIndiana Supreme Court · 1923
- Nichols v. Ora Tahoma Mining Co.Nevada Supreme Court · 1944