O'Reilly v. Campbell
116 U.S. 418 (1886)

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U.S. Supreme Court

O'Reilly v. Campbell, 116 U.S. 418 (1886)

O'Reilly v. Campbell

Argued December 4, 1885

Decided January 11, 1886

116 U.S. 418

Syllabus

An appellate territorial court, having before it findings of the court below and new matter submitted by stipulation, makes no findings and sends up the case without the new matter. Held that it must be determined here on those findings. Stringfellow v. Cain,99 U. S. 610, approved.

An objection to want of proof of a fact which, if taken at the trial, can be met at once, must be taken there or it will be considered as waived except as to matters going to the jurisdiction of the court.

Page 116 U. S. 419

When taking findings of fact in a territorial court in connection with the pleadings, this Court can see enough, upon a fair construction of them, to justify the judgment, it is immaterial that they are loosely drawn, with intermixtures of fact and law.

The location of a vein or lode of mineral as running in one direction indicated by a notice, and for years not marked on the surface and not developed, but subsequently found to run in a different direction and to cover another claim, located after the first on ground different from that indicated by the notice and developed by years of labor and great expenditure, both made without objection from the first locator, is invalid as against the latter claim.

The facts are stated in the opinion of the Court.

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