State v. Yellow Jacket Silver Mining Co.
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. This cause was decided at the April Term, 1868, but not ready for publication in 4th Nevada Reports.
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Appeal from the District Court of the Second Judicial District, Ormsby County. This cause was decided at the April Term, 1868, but not ready for publication in 4th Nevada Reports. As will be seen there was a difference of opinion in the bench, the views of Lewis, J. in respect to one branch of the case being concurred in by the then Chief Justice Beatty, and in respect to the other branch of the case, by Johnson, J. The whole amount of the tax for which suit was brought, was five. hundred and eighty-five dollars and nine cents. There was judgment for defendant, from which and from an order…
1Opinion of the Court
By the Court,
Lewis, C. J.:
The appellant seeks a reversal of the judgment in this case, upon the sole ground that the findings of fact by the Court below were not warranted or supported by the evidence. But as the evidence is conflicting, it is claimed on behalf of the respondent that this Court should not set aside the findings, or reverse the judgment — and thus the question as to what state of proof will authorize an Appellate Court to set aside a verdict, when no objection is made to it except that it is not supported by the evidence, is directly presented. It must be admitted that there…
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