Bates v. Smith

This is the third time this action has reached an appellate court.

This appeal is from a judgment against appellants in the sum of $5,968.64. The first appeal was in Smith v. Daly, 181 Cal.App.2d 154 [ 5 Cal.Rptr. 176 ], which reversed a judgment quieting title in appellants. Thereafter, Meyer was substituted for appellants in another quiet title action, but appellants remained in the case as cross-defendants on the trespass action brought by Nellie Daly.

At the second trial title was quieted in Nellie E. Daly, individually and as executrix of the estate of her husband, Alvin Daly. However, no damages were awarded to her for the trespass because the court found that the trespass was in “good faith,” and further found that the mining business carried on by appellants had resulted in no profit to them. On appeal this court upheld the finding that the trespass was not *359 wilful, but reversed for a redetermination of the damage issue, indicating that at least nominal and perhaps substantial damages would be in order. (Daly v. Smith, 220 Cal.App.2d 592 [ 33 Cal.Rptr. 920 ].) In accordance with the holding in Daly v. Smith, trial was held in which Attorneys Alfred and Bennett Siemon…