McDaniel v. Moore
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Idaho County. Hon. Edgar C. Steele, Judge. Action to recover for assessment work done on a mining claim and for expenses in procuring a patent therefor. Non-suit and judgment of dismissal. On a motion of nonsuit, “the court has no right to pass upon the weight of evidence; every fact that plaintiff’s evidence proved or tended to prove must be taken by the court to be proved.
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APPEAL from the District Court of the Second Judicial District, for Idaho County. Hon. Edgar C. Steele, Judge. Action to recover for assessment work done on a mining claim and for expenses in procuring a patent therefor. Non-suit and judgment of dismissal. On a motion of nonsuit, “the court has no right to pass upon the weight of evidence; every fact that plaintiff’s evidence proved or tended to prove must be taken by the court to be proved. It must be taken in the strongest light as against the defendant.” (Purnell v. Raleigh R. Go., 122 N. C. 832, 29 S. E. 953; Hayne, New Trial, sec. 117.)…
1Opinion of the CourtSullivan, C. J.
— This action was-brought to recover $215.55, with interest thereon at the rate of 7% — one-third of the total cost and expense of doing assessment work upon the Tennessee Lode Mining Claim situated in Robbins Mining District in Idaho county, and of procuring a patent from the United States for said mining claim.
The answer admits that the defendant is the owner of an undivided one-third interest in said lode mining claim, and denies that the plaintiffs laid out or expended for assess*46ment work on said mining claim any sum whatever; denies that defendant ever authorized plaintiffs to procure a…
2Cases cited4 opinions
- Later v. HaywoodIdaho Supreme Court · 1906
- Alleman v. HawleyIndiana Supreme Court · 1889
- Calvert v. AldrichMassachusetts Supreme Judicial Court · 1868
- Welland v. WilliamsNevada Supreme Court · 1892
3Cited by5 opinions
- Rollefson v. Lutheran BrotherhoodIdaho Supreme Court · 1942
- Pomeroy v. Sam Thorpe Mining Co.Arizona Supreme Court · 1931
- Kline v. WrightDistrict Court, D. Idaho · 1931
- Goldensmith v. Snowstorm Mining Co.Idaho Supreme Court · 1916
- Bicandi v. Boise Payette Lumber Co.Idaho Supreme Court · 1935