Antoine Co. v. Ridge Co.

Citations

• 23 Cal. 219

Syllabus

<p>Where the evidence is conflicting, a new trial will not be granted; and where, in such case, a motion is made for a new trial, on the ground that the verdict is not sustained by the evidence and overruled by the Court below, the presumption is that the verdict fairly accords with the convictions of the Judge who tried the cause, as well as the jury.</p> <p>In an action for damages, for taking gold from a mining claim, the plaintiffs labor under great difficulty in proving the exact amount of damages they have sustained, and the defendants have the means in their power of showing the correct amount of gold taken out; and if they neglect to do so, they cannot complain that the jury by their verdict have fixed a large estimate upon the damages.</p> <p>It is not necessary to prove the transfer of title of a mining claim by a written conveyance, but a parol transfer with delivery of possession is sufficient.</p> <p>Since the amendment of the Practice Act, in 1861, the Clerk may insert the amount of the costs, within two days after they shall have been taxed or ascertained, in a blank left in the judgment for that purpose.</p>