Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-04-02
OPINION BY-RONNIFIELD, j.

W. NJ. Davidson filed his application in
the L. :. Land Office at Carson City for a
patent to the Sleeper Mine situated in
ferguson mining district. Lincoln Coun-
ty. and the plaintiff filed il said office a
protest against the issuance of such pat
ent and m adverse claim to that portion
Of the Sleeper Mine embraced Within the
boundaries of the Fraction Mine, claim
ing said Fraction Mine for himself and
his alleged George NeSbitt
and \. Berth, as tenants in common.
This action was brought by the plant
iii against said w. NJ. Davidson. pursuant
10 Section 1920 of the Revised Statutes of
the United States and Section 1900 Of the
General Statutes of Nevada, to determine
the right of possession to the Fraction
Mine.
The case WAS tried before the District
Court in and for said county without a
jury. \ Judgment was given in favor Of
said plaintiff and his r~o-tenants. y no
tice Of motion for new trial was given and
statement on motion made by ". NJ. DAY
idson. the defendant. Before said motion
was heard. DeLamar'S Nevada Gold Min
l3lS ''illtlttlN was NitpNtItiit'' ~ Sfti'-
Davidson, as defendant. The motion was
denied. This appeal is taken from the
Judgment and from the order denying Il
new trial.
The notice of motion for new trial des-
ignateS as grounds thereof; First: Insult
iciencv of the evidence to justify the
Judgment and that the judgment is
against law. Second: Errors in law Oc-
curing at the trial and excepted to by the
defendant. The court made no express
findings. One of the specifications of err
ror is that the judgment is not supported
by the evidence. The inquiry then is pre-
sented: Is there substantial evidence tC
support the judgment.
The evidence shows. that w. DeBeck
II. Stevens and A. Berth located the Frac
ton Mine on the 18th day of May, 1897
and that they performed all the acts re
uuired to make a valid location; that tn
Nesbitt Bros, and A. Borth, did assess
ment work in each of the years 1895, 1S9
and 1897 to the full amount required b.
law; that the Sleeper Min was locate
on the first day of January, 1895, and TIL
boundaries thereof take in the Fraction
Mine; that no work was done on tn
Fraction Mine in either of the years 1S9
and 1894, but that the Nesbitt Bros. in De
cember of each of said years had a motto
recorded i'll the County Recorders Offic
where the original notice of the lOcatiO
of the Fraction Mine was filed, declarin
their intention in good faith to hold an
work said mine.
The plaintiff claimed that he and Georg
Nesbitt, his brother, had acquired all tn
right. title, interest and claim of said v
DeBeck and H. Stevens in and to til
Fraction Mine, and that they and A. Bort
were the owners of said mine as tenan
in In support OF this claim /
offered in evidence Il Judgment recovere
by the Nesbitt Bros. against said w. ID
Beck for S2l2 in the Justices Court of p
oche Township in Lincoln County. and
Judgment ecOvere by them against sd
H. Stevens on the same dav and in II
same court for SlfO, together with all Il
records, papers and proceedings of sa
Court in said cases, to the Introduction
which counsel for defendant objected .,
several different grounds and the cou
excluded them on the ground, in ef1r
that the record showed that the Justi-t
Court had not acquired jurisdiction on
either defendant in either of said cases