[Download] "Betts v. Stephenson" by Fourth Appellate District District Court Of Appeal Of California " Book PDF Kindle ePub Free
eBook details
- Title: Betts v. Stephenson
- Author : Fourth Appellate District District Court Of Appeal Of California
- Release Date : January 09, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
[100 CalApp2d Page 362] This is an action to quiet the plaintiff's title to a group of unpatented mining claims. The defendants moved for a nonsuit on the grounds that the evidence did not show that these claims were open and unappropriated government land at the time in question; that the evidence disclosed that the discovery work was insufficient under section 2304 of the Public Resources Code; and that the locations were null and void under section 2307 of that code. In considering the motion the court stated that there was so far a failure of proof under section 2304, and offered the plaintiff an opportunity to ""supply the necessary proof."" The plaintiff's counsel replied ""I cannot enlarge on the discovery work."" The court thereupon granted the motion, and a judgment of dismissal was entered. A motion for a new trial was denied and the plaintiff has appealed from the judgment.