Sparrow v. Strong (70 U.S. 97)

SPARROW brought an action in the nature of an ejectment in the District Court for the first judicial district of Story County, Newada Territory, to recover an interest in a Mining Claim, a sort of interest very common in the argentiferous Territory just named.

The case was tried before a jury upon a considerable body of evidence, and a verdict having been given for the defendant, a judgment in the nature of a judgment in ejectment was regularly rendered by the court upon it.

Subsequently, a motion for new trial was made. A statement embodying all the evidence was drawn up and agreed to by counsel, and upon this statement and some affidavits tending to show surprise on the trial, and new evidence discovered after trial, the motion was argued before the District Court. It was overruled, and from the overruling order an appeal was taken, on the 15th November, 1862, to the Supreme Court of the Territory, under an act of the Territorial legislature authorizing such appeals.

On the 16th of March, 1863, the Supreme Court gave judgment in the cause as follows:

'On appeal from the District Court of the first judicial district in and for Story County.

'Now, on the day, this cause being called, and having been argued and submitted and taken under advisement by the court, and all and singular the law and the premises being by the court the seen and fully considered, the opinion of the court herein is delivered by Turner, C. J. (Mott, J., concurring), to the effect that the judgment below be affirmed.