Legal Opinion

Low v. Staples

Nevada Supreme Court

Decided July 1, 1866PublishedCited by 12 opinions

Appeal from a decree of the District Court of the First Judicial District, Storey County, Hon. Richard Rising presiding.

Read the full summary

Appeal from a decree of the District Court of the First Judicial District, Storey County, Hon. Richard Rising presiding. This was a bill filed by C. L. Low against Alpheus Staples and others, in which the plaintiff alleges that Joseph Brown, one of the defendants, ivas one of the original locators of a mining claim now known as the Crown Point claim; that Brown sold his interest to one Brobant by bill of sale, Brobant to one Robinson, and Robinson to Lindauer and Fleishhacker, from whom plaintiff holds by several mesne conveyances; that Brown’s bill of sale to Brobant, and Brobant’s to…

1Opinion of the Court

Opinion by

Lewis, C. J., full Bench concurring.

The appellants in this cause make two points upon which it is claimed the judgment in the Court below should be reversed.

First — That the plaintiff upon the trial failed to show, and the Court to find, that the plaintiff was in possession of the premises at the time the action was instituted; and, second: that as the suit was commenced in one of the District Courts of the Territory of Nevada, the State Court obtained no jurisdiction of it, and that the decree is therefore void. Were this, as claimed by counsel, a suit brought under Section 254 of…

2Cases cited1 opinion

  1. Doren v. Mayor of New-YorkNew York Court of Chancery · 1842

3Cited by12 opinions

  1. State v. Warner Valley Stock Co.Oregon Supreme Court · 1910
  2. Moore v. Rochester Weaver Mining Co.Nevada Supreme Court · 1918
  3. Sanford v. CloudSupreme Court of Florida · 1880
  4. Grove v. JenningsSupreme Court of Kansas · 1891
  5. MacDonald v. KrauseNevada Supreme Court · 1961

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API