Donoghue v. Tonopah Oriental Mining Co.
Nevada Supreme Court
Appeal from the Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Action by Dave Donoghue and others against the Tonopah Oriental Mining Company, a corporation. From- judgment for plaintiffs, defendant appeals. (Coleman, J., dissenting.) The act of Congress of October 5, 1917, is a remedial act. “Statutes tending to effect an object of great public utility” are remedial. 1 Fed. Stats. Ann. (2d ed.), p. 119. A remedial statute must be liberally construed.
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Appeal from the Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Action by Dave Donoghue and others against the Tonopah Oriental Mining Company, a corporation. From- judgment for plaintiffs, defendant appeals. (Coleman, J., dissenting.) The act of Congress of October 5, 1917, is a remedial act. “Statutes tending to effect an object of great public utility” are remedial. 1 Fed. Stats. Ann. (2d ed.), p. 119. A remedial statute must be liberally construed. “Courts are justified in giving weight to considerations of hardship or inj ustice that may arise from a particular…
1Opinion of the Court
By the Court,
Sanders, C. J.:
The complaint in this action is the short form of a complaint to quiet title to real estate. This action, however, was brought to determine an adverse claim to a certain piece of mining ground situate in the Tonopah mining district, Nye County, Nevada, segregated *113from the public domain by conflicting lode mining locations (that of the plaintiffs overlapping the prior location of the defendant).
The case differs from ordinary actions of this character in that the record shows, and it is conceded to be the fact, that plaintiffs base their right to locate the ground,…
2Cases cited4 opinions
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- State v. KruttschnittNevada Supreme Court · 1868
- Defanti v. Allen Clark Co.Nevada Supreme Court · 1921
- State ex rel. Wright v. DoveyNevada Supreme Court · 1887
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