Wheeler v. West
California Supreme Court
Appeal from a judgment' of the Superior Court of Placer County, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Searls, C.
This is an action to perpetually enjoin defendants from extracting and removing gold from the mining claim of plaintiffs, situate in the county of Placer.
Defendants had judgment, from which, and from an order denying a new trial, plaintiffs appeal.
The amended complaint avers that on the twenty-eighth day of August, 1883, the defendant entered into the tunnel which penetrates the mining claims in question, and at a distance of about two thousand feet from its mouth wrongfully began to dig the gold-bearing gravel and bedrock on the sides of the tunnel, and to take gold therefrom; that…
2Cases cited6 opinions
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- Gillett v. TreganzaWisconsin Supreme Court · 1858
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3Cited by26 opinions
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