Schuepler v. Evans
Before: Heydeneeldt, Murray
Synopsis
Appeal from the Ninth Judicial District.
The plaintiff brought this action against the defendants, joint owners and partners with him in a mining claim, on Middle Feather River, for a share in the claim, which had been sold by the company, for his default in paying an assessment. He also claimed $2027, his share of the gold taken from the claim.
Evans answered for himself and the company, denying generally the allegations of the complaint, and averred that •the“ Court had not power or jurisdiction to grant the relief in the prayer of the plaintiff,” and asked for judgment in favor of defendants.
The Court sustained the plea to its jurisdiction, and dismissed the cause.
Mr. Ch. J. Murray delivered the opinion of the Court.
‘Mr. J. Heydeneeldt concurred. [213]We are unable to discover by what particular rule of law or mode of reasoning the Court below arrived at the conclusion that it had no jurisdiction in this case. The [213] subject matter in * dispute, as well as the parties, seem to have been properly before it, and it was perfectly competent for the Court to have granted the- relief sought.
Judgment reversed with costs.
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