Golden v. Murphy
Nevada Supreme Court
Appeal from tbe District Court of the First Judicial District of the State of Nevada, Lyon County; B. F. Ourler, Judge. Action by Frank Golden against J. C. Murphy, e.t al. From an order granting a new trial, defendants appeal. Petition for rehearing denied. The facts sufficiently appear in the opinion.
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Appeal from tbe District Court of the First Judicial District of the State of Nevada, Lyon County; B. F. Ourler, Judge. Action by Frank Golden against J. C. Murphy, e.t al. From an order granting a new trial, defendants appeal. Petition for rehearing denied. The facts sufficiently appear in the opinion. I. The main points relied on by appellants are: (1) The decision of the court and order granting a new trial is based upon an erroneous construction of the law applicable to the evidence in the case; (2) The court has misstated and misconstrued and misunderstood the evidence; (3) The court…
1Opinion of the Court
By the Court,
Talbot, J.:
This action was brought to recover $7,000 damages for the extraction of ores by the individual defendants within the exterior lines, extended downward vertically, of the Table Mountain mine, upon a part of which they held a lease from the owner, the Royal Mining Company, and for an injunction restraining them from further working upon the ledge which plaintiff claims has its apex in the Canyon mining claim owned by him. The ease was tried with a jury, and a verdict rendered in favor of the defendants. This appeal is upon an order granting a new trial on the ground that…
2Cases cited2 opinions
- Jones v. ChildsNevada Supreme Court · 1872
- Treadway v. WilderNevada Supreme Court · 1873
3Cited by5 opinions
- Nevada Rock & Sand Co. v. GrichNevada Supreme Court · 1939
- Golden v. MurphyNevada Supreme Court · 1909
- State v. BauerNevada Supreme Court · 1912
- Roberti v. AndersonNevada Supreme Court · 1904
- Goldfield Mohawk Mining Co. v. Frances-Mohawk Mining & Leasing Co.Nevada Supreme Court · 1913