Fairbanks v. Woodhouse

Citations

• 6 Cal. 433

Syllabus

<p>Mining laws, when introduced in evidence, are to be construed by the Court, and the question whether by virtue of such laws a forfeiture had accrued, is a question of law, and cannot, therefore, be properly submitted to a jury.</p> <p>Where no question of jurisdiction is raised by the pleadings, it is error to instruct the jury “ that if they believe a certain fact, they must find for the defendant, as the existence of that fact will establish a want of jurisdiction over the casebecause as the pleadings stand, such a verdict is a complete ‘bar to another action, to which the plaintiff is entitled in another Court, if the verdict against him was rendered in pursuance of such an instruction.</p>