Spencer v. Winselman
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, Yuba County. The mining ground in controversy is situated at Young’s Hill, in Yuba County. The award and judgment in favor of plaintiffs was for the possession of the ground and one thousand six hundred dollars damages, for gold extracted and taken away by defendants.
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Appeal from the District Court of the Tenth Judicial District, Yuba County. The mining ground in controversy is situated at Young’s Hill, in Yuba County. The award and judgment in favor of plaintiffs was for the possession of the ground and one thousand six hundred dollars damages, for gold extracted and taken away by defendants. The motion to vacate and set aside the award and judgment was made upon various grounds; but the only one urged upon argument in the Court below was, that the arbitrators had refused, or improperly omitted, to consider a part of the matters submitted to them; and it…
1Opinion of the Court
By the Court, Wallace, J.:
Spencer and another brought an action against Winselman and others for the recovery of certain mining grounds, alleging themselves to be owners and entitled to the possession of the premises sued for. The defendants answered, denying the ownership of the plaintiffs, and alleging themselves to be the owners, and entitled to the possession of the premises. ■ While the cause was pending upon these issues, the parties stipulated in writing to submit the cause to arbitration, and the stipulation was entered as an order of Court pursuant to the statute. (Practice Act, Sec.…
2Cases cited1 opinion
- Hughes v. DevlinCalifornia Supreme Court · 1863
3Cited by5 opinions
- J. Bryant Kasey and Maryann Kasey v. Molybdenum Corporation of America, a CorporationCourt of Appeals for the Ninth Circuit · 1964
- Buchner v. MalloyCalifornia Supreme Court · 1909
- Dalton v. ClarkCalifornia Court of Appeal · 1933
- Thygerson v. WhitbeckUtah Supreme Court · 1888
- Aspen Mining & Smelting Co. v. RuckerU.S. Circuit Court for the District of Colorado · 1886