The record-union., 1896-08-22
SUPREME COURT DECISIONS.
SYLLABI
q. A, No. 102-In Bank-Filed August
% 1885,

I LLAfIl.
q. A, No. 102-In Bank-Filed August
20, 1860
n. E. Packard, appellant; F. w.
Craig, respondent. Election contest for
County Clerk of Kern County
Affirmed.
The proceeding authorized by Article
VI. of the Act to regulate elections are
special and summary, and no remedy
can be had under the provisions of that
article, except such as is therein ex-
pressly or by necessary implication
provided. A new trial is not author
lied by the provisions of the article in
question, and the remedy of a party
dissatisfied with the judgment of the
County Court is by appeal only. See
Dorsey VS.. Barry, "a Cal. 449.
An appeal from the Superior Court to
the Supreme Court in q contested cleo
ton case is subject to the provision
that upon such appeal the point that
the decision is not sustained by the evil
dence cannot be raised unless such ap-
peal shall have been taken within sixty
days after the judgment
(No. is, 40S-In Bank-Filed August 20,
1860
Altoona Quicksilver Mining Company,
appellant Integral Quicksilver Mining
Company, respondent. Quiet title. Or
der granting new trial affirmed.
In an action to determine an adverse
claim the Act of Congress simply re-
quires a contestant to bring such action
as is authorized by the laws of the
State to determine the right OF posses
SIGN; and such action when brought
IS governed and determined by the
practice and rules of pleading these ir-
respective of the Act of Congress re-
quiring the suit to be brought. The
rights of the parties are to be entirely
determined by the laws of the United
States granting the right to enter upon
mineral lands, and to extract metals
therefrom and to acquire title thereto,
but the suit must be tried in every re-
srect as though no contest was pending
in the Land Office of the United States
in regard to the right to purchase the
same. In such a case. therefore, it is
error to instruct the jury to find against
a plaintiff on the ground that it does
not appear that the suit was begun
within thirty days after the filing of
plaintiffs claim In the Land Office.
In an action to quiet title a plaintiff
is not bound to show the source of his
title in his complaint, but to prove his
right under a location it is incumbent
upon him to prove that the locator is or
was competent under the laws Of the
United States to take, hold and locate
mineral land.
verdict against the instruction of
the court is verdict against law.
Is. F., No 97-Department One-Ffled
August 20, 1860
Samuel Bartlett, respondent; James
McGee, appellant Action to recover
deposit on sale on lands on ground Of
failure and refusal of defendant to
make or tender conveyance of valid
title. Affirmed.
| One day before the agreement Of sale
| the defendant executed deed whereby
he agreed to sell the land to another
and to give the party certain time to
| examine the title. Held, as conclu-
sion of law, that the making an exist
ence of the last named deed rendered
the title to the land invalid and i'm
perfect, and subjected the same to rea-
sonable doubt and litigation and not
good or valid as contemplated by the
first agreement.
| Is. F., No. I3-Department Two-Filed
August 20. 1860
! Charles A. Chateau, respondent; Jus
tin Singla, appellant. Dissolution of
partnership and for a receiver. Re-
versed, with directions to trial court to
take evidence and determine whether
or not the business of the copartner-
| ship was Illegal IL Illegal, the court
will deny to either party any relief.
II a contract of copartnership has
| for its purpose the subletting of apart
nents for purposes of prostitution, and
| II the business of the copartnership is
the doing of this precise thing, then
| the copartnership contract is ilie-
SAL against good morals, against pub
| lie policy and against the express man
date of the statute. Section 316 of the
Penal Code: In such case equity will
no more entertain an action founded
upon such contract for the relief of the
parties to it than it will entertain an
action between two thieves for an
equitable division of their plunder
A void contract, a contract against