Smith v. North American Mining Co.
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, State of Nevada, Storey County, Hon. Richabd RisiNG presiding. First — The Court!;',below erred in ruling out the evidence offered by appellant of the books of the company showing the positions of the respective plaintiffs therein, and all matters tending to show a knowledge of and compliance in by such plaintiffs, of the action of the company in dividing the so called discovery claim.
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Appeal from the District Court of the First Judicial District, State of Nevada, Storey County, Hon. Richabd RisiNG presiding. First — The Court!;',below erred in ruling out the evidence offered by appellant of the books of the company showing the positions of the respective plaintiffs therein, and all matters tending to show a knowledge of and compliance in by such plaintiffs, of the action of the company in dividing the so called discovery claim. Second, — The Court erred in admitting the deposition of C. Grottschall, as the commission upon which the same was taken was not issued in…
1Concurrence
Opinion by
Beattt, J.,
full Bench concurring.
The facts of this case are as follows: The plaintiffs, Smith and Gottschall, with eleven others, took up a mining claim in 1859. The notice of location contained thirteen names, but claimed fourteen shares of three hundred feet each. One extra share was claimed as a discoverer’s right. Subsequently these locators and their successors in interest were incorporated under the name of the North American Mining Company. It was provided one share of stock should be issued for each foot of ground located; or in other words, four thousand two hundred shares…
2Cited by4 opinions
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