Storz v. Burrage

Citations

• 10 N.M. 692
• 10 Gild. 692

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice — Trials—Conflicting Evidence — Province of Court and Jury. — In a case involving conflicting locations of mining claims or mines, where it becomes material to ascertain the locations of the original monuments, and a large amount of conflicting evidence has been given before jury upon this and other issues joined; it’ is error for the court to take the question of fact from the jury and direct them to find for the defendant, it being the province of the jury to determine the weight of the evidence and credibility of the witnesses and determine the facts in the case.</p> <p>2. Estoppel — Facts in Proof. — In such case, where material and conflicting evidence is heard by a jury but the facts are not determined by them, nor admitted by the parties, an estoppel can not be sustained based upon said facts concerning which testimony was produced before the jury.</p>