Fremont v. Crippen
California Supreme Court
Appeal from the District Court of the Thirteenth Judicial District, County of Mariposa. Application to the Court below for a writ of mandamus. It appears that Fremont commenced an action against a corporation called the Merced Mining Company, and Smyth Clark and John Yandewater, for a forcibly entry upon “the upper drift of a shaft of a certain mine, called the Josephine Vein/'" in Mariposa county.
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Appeal from the District Court of the Thirteenth Judicial District, County of Mariposa. Application to the Court below for a writ of mandamus. It appears that Fremont commenced an action against a corporation called the Merced Mining Company, and Smyth Clark and John Yandewater, for a forcibly entry upon “the upper drift of a shaft of a certain mine, called the Josephine Vein/'" in Mariposa county. The jury rendered a verdict of guilty as to Clark and Vandewater, and not guilt}as to the corporation. Judgment was rendered upon the verdict, a,warding possession to plaintiff, and writ of…
1Opinion of the Court
Terry, C. J., after stating the facts, delivered the opinion of the Court
Burnett, J., and Field, J., concurring.
The refusal of the sheriff to execute the writ seems to be based on the hypothesis that the verdict of the jury was equivalent to a finding that the Merced Mining Company were in the lawful possession of the premises at the time of the trial.
The verdict is conclusive that the plaintiff was peaceably in actual possession of the premises at the time of the entry, that unlawful and forcible entry on his possession was made by defendants Clark and Yandewater, and that the Merced Mining…
2Cases cited1 opinion
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
3Cited by29 opinions
- State Ex Rel. Foote v. BartholomewSupreme Court of Connecticut · 1925
- Babcock v. GoodrichCalifornia Supreme Court · 1874
- Chumasero v. PottsMontana Supreme Court · 1875
- Price v. Riverside Land & Irrigating Co.California Supreme Court · 1880
- Bassett v. AtwaterSupreme Court of Connecticut · 1895
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