Jackson v. Feather River & Gibsonville Water Co.

Citations

• 14 Cal. 18
• 1859 Cal. LEXIS 228

Syllabus

<p>It Ras been the practice of the Supreme Court to examine the case only upon the errors assigned by the Appellant, and not to look into the exceptions taken by Respondent.</p> <p>A bUl of sale of a mining claim is sufficiently proved when the handwriting of the subscribing witness, who is absent from the State, and the execution by the vendor, is proven. And this, though the subscribing witness was in the State after suit instituted, and near the time of trial, and plaintiff used no efforts to get the testimony of the witness before he left the State.</p> <p>It is no objection to such bill of sale that it is not under seal, whatever may be the effect of it as evidence.</p> <p>Upon questions as to the occupancy of public mineral land, it seems that a transfer of the occupant’s right of possession may as well be by simple agreement as by deed, the vendee taking possession.</p> <p>Complaint gives a general description of mining claims. The execution of a bill of sale of the claims having been proven, plaintiff offers the paper in evidence, defendant objecting, that the identity of the claims in the paper with the claims in the complaint should first be shown. Held, that the paper was admissible, as also further proof to locate the claims if requisite. And, further, that the Court will not control the order of proof, unless some injury will be done.</p> <p>Cross-examination cannot go beyond the subject matter of the evidence in chief, but should be allowed a very free range within it.</p> <p>Action for damages to a mining claim by overflow and leakage from defendant’s ditch. To question by plaintiff to one of his witnesses, “ Did you see water splashing over the flume ?” he answered, “Tes.” Defendant, on cross-examination, proposed to ask, “ Whose water was that you saw splashing over the flume ?” field, that the [question was proper, even though it went to the ownership of the water.</p> <p>That the overflow, or leakage, was occasioned, not by the acts or negligence