Overman Silver Mining Co. v. American Mining Co.
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. The plaintiff in its complaint in this action, which was commenced June 4th, 1869, set forth that it was and had been for more than five years the owner and possessor and entitled to the possession of a certain mining claim and quartz lode in the Gold Hill Mining District, in Storey County, commencing on the Comstock Ledge at the southern boundary of the claim of the Segregated Belcher Mining…
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Appeal from the District Court of the First Judicial District, Storey County. The plaintiff in its complaint in this action, which was commenced June 4th, 1869, set forth that it was and had been for more than five years the owner and possessor and entitled to the possession of a certain mining claim and quartz lode in the Gold Hill Mining District, in Storey County, commencing on the Comstock Ledge at the southern boundary of the claim of the Segregated Belcher Mining Company and running southerly twelve hundred feet; that it and those under whom it claimed had obtained possession and…
1DissentBy Whitman, J.
I think the objection to the statement is good, and should be sustained. For some reason, the legislature has provided not only that the judge shall certify that he has allowed a statement settled by him, but that he shall also state that it is correct. “ When settled by the judge or referee, it áhall be accompanied with his certificate that the same has been allowed by him, and is correct.” Stats. 1869, 227. An exact compliance with the statute is easy, and certainly best; for although a substantial compliance would undoubtedly be sufficient, the difficulty occurs then that the peculiarities…
2Cases cited2 opinions
- Van Pelt v. LittlerCalifornia Supreme Court · 1859
- Cosgrove v. JohnsonCalifornia Supreme Court · 1866