Wheeler v. West
California Supreme Court
Appeal from a judgment of the Superior Court of Placer County. The facts are stated in the opinion of the court.
1Opinion of the CourtWorks, J.
Action to enjoin the defendants from entering upon and digging up gold-bearing gravel and *96bed-rock on a mining claim of plaintiffs, and taking the gold therefrom.
This is the second appeal. On the former appeal it was held that the answer of the defendants admitting the acts complained of, and attempting to justify under a verbal contract, was insufficient, for the reason that the contract relied upon was not pleaded either in Time verba or according to its legal effect, and the cause was reversed for error of the court below in permitting the defendants to make proof of a contract not…
2Cases cited4 opinions
- Wheeler v. WestCalifornia Supreme Court · 1886
- Ramirez v. MurrayCalifornia Supreme Court · 1855
- Hackett v. Bank of CaliforniaCalifornia Supreme Court · 1881
- Wilson v. LassenCalifornia Supreme Court · 1855
3Cited by9 opinions
- Maguire v. Hibernia Savings & Loan SocietyCalifornia Supreme Court · 1944
- Anthony v. SlaydenSupreme Court of Colorado · 1900
- Stubbs v. AbercrombieCalifornia Court of Appeal · 1919
- Cooke v. MyersMontana Supreme Court · 1930
- Cosden Pipe Line Co. v. VossSupreme Court of Oklahoma · 1935
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