Doherty v. Enterprise Mining Co.
CHARLES DOHERTY v. THE ENTERPRISE MINING COMPANY
- Area
- civil
- Panel
- Niles (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Niles
By the Court, Niles, J.:
We shall not disturb the order refusing a new trial. There was some evidence tending to show a possession of the premises by the plaintiff’s grantor prior to the entry of the defendant. This was the main fact in controversy and was found by the court in favor of the plaintiff. It is urged by appellant that there was no evidence to support the finding that the defendant entered upon the mining claims in controversy and took possession and withheld possession from the plaintiff. It is a sufficient answer to this objection that the statement upon motion for a new trial contains no specification as to the insufficiency of the evidence in this regard. The only specification upon this subject points to the character and not to the fact of the entry and ouster.
Judgment and order affirmed.
Mr. Chief Justice Wallace did not express an opinion.
Cited by
- Anthony v. Jillson No. 12665 · 1890-03-01
- Wise v. Burton No. 11780 · 1887-08-01