Willeford v. Bell

Citations

• 5 Cal. Unrep. 679
• 49 P. 6
• 1897 Cal. LEXIS 971

Syllabus

<p>Mining Claim—Location.—If One First Discovering a Vein or lode does not make a valid location thereon, another may make such location.1</p> <p>Mining Claim—Distinctly Marking.—Location of a mining claim is invalid if not “distinctly marked on the ground, so that its boundaries can be readily traced,” as required by Bevised Statutes of the United States, section 2320.2</p> <p>Mining Claim—Proof of Notice.—It Being Provided by Bevised Statutes of the United States, section 2324, only what “all records of mining claims .... shall contain,” it is not necessary, in the absence of local rules or customs, for one asserting a location to prove the notice posted on the claim, but merely the recorded notice, which he may do by a copy.</p> <p>Witnesses—Cross-examination.—Permitting a Witness to be Asked on cross-examination whether he had not, at the adjournment after his examination in chief, made a certain statement to a certain person, if error, is harmless, there having been no attempt to prove that his answer, “No,” was not the truth.</p> <p>Evidence—Waiver of Objection.—Objection That Evidence was inadmissible, not having been made when it was offered, is waived.</p>