Russell v. Ford

Appeal from the District Court of the Fifth Judicial District, for the County of Tuolumne.

Russell filed his complaint against the appellants, stating that the parties entered into a mining partnership, in August, 1850, and laid a claim, &c.; the gold to be taken from which was to be equally divided between the parties; and that the plaintiff was to be at liberty to go to a certain Ranch, and whatever interest he might acquire in it, or whatever compensation he might receive while there, was to be divided between the parties, as an equivalent for the gold taken from the claim; that the defendants took from the claim §5000, clear of all expenses,—during all the time they were doing which, the plaintiff furnished one man to work the claim; that afterwards the defendants took two other partners in the claim, with the understanding that the plaintiff was to share one-fifth of the profits; and worked the claim, and divided with the two new partners, giving each of them one-fifth of the profits, amounting to 18J ounces ; that the plaintiff was in partnership with the defendants in other mining transactions, and in driving team, the profits of which were $600, and were to be equally divided; and that the defendants, though requested, refused to account for or pay the proportions due the plaintiff; to his damage §3000; for which he prayed judgment.

The defendants answered denying the complaint.

The cause was tried by a jury, who found for the plaintiff, for $1000: a judgment was rendered accordingly. The defendants appealed. The testimony was annexed to the record: but it does not appear that any exception was taken, nor any motion -made for a new trial.