Native American Mining Co. v. Lockwood

California Supreme Court

Native American Mining Co. v. Lockwood

1 Cal. Unrep. 5

CourtCalifornia Supreme Court

DecidedSeptember 22, 1855

DocketNo. 637

StatusPublished

This text of 1 Cal. Unrep. 5 (Native American Mining Co. v. Lockwood) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Native American Mining Co. v. Lockwood, 1 Cal. Unrep. 5 (Cal. 1855).

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Opinion

HEYDENFELDT, J.

— The first five points would require this court to review the evidence (which is of conflicting character) and pass upon the correctness of the verdict, which we have always refused to do. Second, the sixth and seventh assignments relate to the instructions given and refused, to which the record fails to disclose that any exceptions were taken. Third, the eighth, tenth and eleventh do not appear upon the record.

It therefore results that there could be no error as to the ninth and twelfth assignments, and therefore there is no error in the record.

The judgment is affirmed.

I concur: Murray, C. J.

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HEYDENFELDT, J.

— The first five points would require this court to review the evidence (which is of conflicting character) and pass upon the correctness of the verdict, which we have always refused to do. Second, the sixth and seventh assignments relate to the instructions given and refused, to which the record fails to disclose that any exceptions were taken. Third, the eighth, tenth and eleventh do not appear upon the record.

It therefore results that there could be no error as to the ninth and twelfth assignments, and therefore there is no error in the record.

The judgment is affirmed.

I concur: Murray, C. J.

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Bluebook (online)

1 Cal. Unrep. 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/native-american-mining-co-v-lockwood-cal-1855.