Adams v. Crawford

Citations

• 116 Cal. 495
• 48 P. 488
• 1897 Cal. LEXIS 579

Syllabus

<p>Jury Trial—Rule of Court—Deposit of Jury Fees by Party Demanding Jury—Waiver—Trial by Court.—A rule of the superior court requiring that the party demanding a jury trial shall deposit the jury fees with the clerk within five days after making such demand, and that, should the trial continue more than one day, the party demanding the jury shall deposit with the clerk, before the opening of the court on each day, the jury fees for each day so occupied in the trial, is reasonable, and if no deposit is made or tendered as required by the rule, the jury is waived, and the cause may be tried by the court without a jury.</p> <p>Id.—Action to Quiet Title—Demand of Jury at Trial—Failure to Make or Tender Deposit—Nature of Action Immaterial.—Where an action to quiet title was set for trial, and no jury had been demanded or ordered for the trial of the cause, and a jury was first demanded by the plaintiff after the cause was called for trial, and the parties had announced themselves ready, and no deposit of jury fees was then made or offered, or had, at any time, been made or offered by the plaintiff, it is not error to refuse a jury trial on account of the failure of plaintiff to comply with the reasonable rule of the court; and it need not be determined whether such an action is, in its nature, equitable or not.</p> <p>Mining Claim — Effect of Discovery—Location Essential—Valid Location by Other Parties—Title.—The discovery of a mining claim vests no right or title to the property, and is but one step in acquiring title to a mining claim, and must be followed by a location, which consists of the marking of the claim by monuments so that its boundaries can be readily traced, the posting of a notice thereon, and, where the state or district law requires it, the recording of such notice; and where the discovery of the claim is first made by two persons, and a valid location of claims extending each way from the point of discovery is first made by other persons, the title of