Eureka Daily Sentinel

SUPREME COURT DECISION. - The Supreme Court has given its decision in the case of the Eureka Mining and Smelting Company, appellant, versus Frank Way, respondent, affirming the decision of the lower Court. Chief Justice Hawley delivered the opinion, Justice Earll concurring and Justice Beatty dissenting; the latter, in his opinion given separately, claiming that the judgment of the lower Court should be reversed on the ground of there being a sufficiency of testimony to entitle plaintiff to the finding of a jury on the question. In the opinion of a majority of the Supreme Court the boundaries of the property in dispute were not sufficiently defined, and therefore there was not sufficient evidence as to the possession of the land by appellant and its grantors to authorize the Court to submit the case to a jury, and the judgment of the District Court is affirmed.