Legal Opinion

Poujade v. Ryan

Nevada Supreme Court

Decided July 5, 1893No. 1372PublishedCited by 4 opinions

Appeal from the District Court of the State of Nevada, Lincoln county. G. F. Talbot, District Judge. The facts sufficiently ajopear in the opinion. I. The court erred in admitting as testimony to prove a legal location by respondents, a recorded duplicate of an invalid notice of location. Respondent’s location was insufficiently marked.

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Appeal from the District Court of the State of Nevada, Lincoln county. G. F. Talbot, District Judge. The facts sufficiently ajopear in the opinion. I. The court erred in admitting as testimony to prove a legal location by respondents, a recorded duplicate of an invalid notice of location. Respondent’s location was insufficiently marked. No court has yet construed the U. S. statute so as to evade or nullify the meaning of the words “ distinctly marked so that the boundaries maybe readily traced.” (Gelcich v. Moriarity, 53 Gal. 217; Holland v. Auburn, 53 Cal. 149.) I. The appeal should be…

1Opinion of the Court

By the Court,

Bigelow, J.:

Appeal from an order overruling a motion for new trial. The findings of fact are not includedin the statement on the motion, nor are they in any manner identified, and for this reason the objection is made that we cannot consider them upon this appeal. Such has been many times the decision of this court. (Boyd v. Anderson, 18 Nev. 348; Nesbitt v. Chisholm, 16 Ñev. 39; Alderson v. Gilmore, 13 Nev. 84; Bowker v. Goodwin, 7 Nev. 137; Mining Co. v. Barstow, 5 Nev. 254; Corbett v. Job, Id. 204.) The objection must consequently be sustained.

The appellants urge that under…

2Cases cited9 opinions

  1. Gleeson v. Martin White Mining Co.Nevada Supreme Court · 1878
  2. Golden Fleece G. & S. M. Co. v. Cable Consolidated G. & S. M. Co.Nevada Supreme Court · 1877
  3. Alderson v. GilmoreNevada Supreme Court · 1878
  4. Imperial Silver Mining Co. v. BarstowNevada Supreme Court · 1869
  5. Boyd v. AndersonNevada Supreme Court · 1884

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Ford v. CampbellNevada Supreme Court · 1907
  2. Brady v. HusbyNevada Supreme Court · 1893
  3. Werner v. BabcockNevada Supreme Court · 1911
  4. Western Engineering & Construction Co. v. Nevada Amusement Co.Nevada Supreme Court · 1910

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