Packer v. Heaton

Citations

• 9 Cal. 568

Syllabus

<p>Where the regulations of a mining locality require that every claim shall be worked two days in every ten: Meld, that the efforts of the owners of a claim to procure machinery for working the claim, are, by fair intendment, to be considered as work done on the claim.</p> <p>So, also, is working on adjoining land in constructing a drain to enable the owners to work the claim.</p> <p>In an action by a company of miners to recover possession of a mining-claim, and damages for its detention, a person who was a member of the company at the time of the alleged detention, and who, prior to the commencement of the suit, in consideration of unpaid assessments, sold his interest to his copartners in the claim, without warranty, is not a competent witness, as he is interested in the damages sought to be recovered.</p> <p>The mistake of counsel as to the competency of a witness, is no ground for granting a new trial.</p>