Legal Opinion

Stone v. Bumpus

California Supreme Court

Decided July 1, 1873No. 3,993PublishedCited by 1 opinion

Appeal from the District Court, Fourteenth Judicial District, County of Placer. Indian Canon is in the gold-bearing region of the Sierra Nevada Mountains, in Placer County, having its source at an altitude of about forty-five hundred ’feet above the level of the sea. It is several miles in length, and, at the place where the claims in dispute are located, is about one thousand feet in depth.

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Appeal from the District Court, Fourteenth Judicial District, County of Placer. Indian Canon is in the gold-bearing region of the Sierra Nevada Mountains, in Placer County, having its source at an altitude of about forty-five hundred ’feet above the level of the sea. It is several miles in length, and, at the place where the claims in dispute are located, is about one thousand feet in depth. The bed of the canon contains gold-bearing earth; and on the summit of the mountains, on either side of the cañón, are gold placer claims, which are worked by washing the earth through flumes, in which…

1Opinion of the Court

By the Court, Niles, J.:

This case was once before this Court upon appeal, and is reported in 40 Cal. 428, and the judgment in favor of the plaintiff was then reversed and a new trial granted. Upon *221the second trial a judgment of nonsuit was rendered against the plaintiff, and from this judgment and the order overruling plaintiff’s motion for a new trial this appeal is taken.

In the former opinion (which is now the law of this case) it was said, that “to enable the plaintiffs to recover, it should have appeared at the trial: First, that the plaintiffs owned the ground claimed by them; second,…

2Cases cited1 opinion

  1. Stone v. BumpusCalifornia Supreme Court · 1870

3Cited by1 opinion

  1. Mann v. BudlongCalifornia Supreme Court · 1900

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