Ensminger v. McIntire

Citations

• 23 Cal. 593

Syllabus

<p>One who claims public lands in this State for raising fruit trees or crops, cannot enjoin miners from digging up the same for mining purposes, unless he can show that his fruit trees were planted or crops sown before the land was located for mining.</p> <p>When the plaintiff closes his evidence, if the Court is of opinion that it would not sustain a verdict in favor of plaintiff upon the testimony, a nonsuit should be granted.</p>