Legal Opinion

Wiseman v. McNulty

California Supreme Court

Decided July 1, 1864PublishedCited by 4 opinions

Appeal from the District Court, Seventeenth Judicial District, Sierra County. The following is the contract entered into between the members of the Richardson Company and those composing the Buffalo Company: “ Goodyear’s Bar, Nov. 16,'1856. “ Know all men by these presents, that we the undersigned, do bargain with each other as follows, viz: We of the first part, known as the Richardson Company, do agree with those of the second part, known as the Buffalo Company, to run a…

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Appeal from the District Court, Seventeenth Judicial District, Sierra County. The following is the contract entered into between the members of the Richardson Company and those composing the Buffalo Company: “ Goodyear’s Bar, Nov. 16,'1856. “ Know all men by these presents, that we the undersigned, do bargain with each other as follows, viz: We of the first part, known as the Richardson Company, do agree with those of the second part, known as the Buffalo Company, to run a bed rock tunnel on the ground of the first mentioned company, on Fir Cap Hill, until they reach the channel; then the…

1Opinion of the Court

By the Court, Rhodes, J.

The plaintiff sues in ejectment, to recover the possession of three undivided seventeenths of a tract of mining ground, known as the mining claims of the Buffalo Mining Company, in Fir Cap Mining District, in Sierra County. It appears that the plaintiff, Dennis O’Keefe, Patrick Daley and twenty others took up and worked these claims in 1856 ; that subsequently the number of claimants was reduced to seventeen, the said plaintiff, O’Keefe and Daley each owning the one *235undivided seventeenth of the Buffalo Company’s mining claims; that in' 1858 the members of that company…

2Cases cited5 opinions

  1. Jackson, ex dem. Reeves v. ToppingNew York Supreme Court · 1828
  2. Von Schmidt v. HuntingtonCalifornia Supreme Court · 1850
  3. Waring v. CrowCalifornia Supreme Court · 1858
  4. Woodson v. SkinnerSupreme Court of Missouri · 1855
  5. Donahue v. McNultyCalifornia Supreme Court · 1864

3Cited by4 opinions

  1. United States v. Tom WahDistrict Court, N.D. New York · 1908
  2. Rixford v. ZeiglerCalifornia Supreme Court · 1907
  3. City of Ardmore v. KnightSupreme Court of Oklahoma · 1954
  4. Golden State & Miners' Iron-Works v. DavidsonCalifornia Supreme Court · 1887

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