O'Keiffe v. Cunningham
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. This was an action of trespass, brought by the plaintiff against the defendants, for discharging their tailings on the mining-claims of plaintiffs.
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Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. This was an action of trespass, brought by the plaintiff against the defendants, for discharging their tailings on the mining-claims of plaintiffs. The complaint alleges that plaintiffs were lawfully possessed of seventeen mining-claims; that such possession dates from the third day of April, 1856; that while so possessed, defendants discharged through a flume, large quantities of water and tailings upon the ground of plaintiffs, and thereby covered up and incumbered their mining-claims, etc. The defendants…
1Opinion of the CourtBurnett, J.
An opinion was delivered in this case at the April Term, 1857, and a re-argument had at the succeeding July Term. The judgment was considered erroneous in consequence of the admission of certain testimony. The defendants’ counsel, in answer to the objection to the admission of this testimony, insisted that no exception had been made by the plaintiffs in the Court below. This was his only answer to the objection. The counsel had overlooked the fact that an exception had been taken. But upon the re-hearing we became satisfied that the testimony in reference to the other flume was admissible for…
2Cases cited1 opinion
- Ellis v. JeansCalifornia Supreme Court · 1857
3Cited by4 opinions
- Conway v. FabianMontana Supreme Court · 1939
- Nev. Cty. & Sacramento Canal Co. v. KiddCalifornia Supreme Court · 1869
- Misek v. O'SheaOregon Supreme Court · 1900
- Esmeralda Water Co. v. MacKleyNevada Supreme Court · 1949