Kelley

Kelley v. McNamee

Good Law
164 F. 369·3 Alaska Fed. 176·90 C.C.A. 357·1908 U.S. App. LEXIS 4637
United States Court of Appeals for the Ninth CircuitOctober 5, 1908No. 1,573California4,187 words

Opinion

Lead Opinion

Ross, J.

This action was commenced in the court below by the defendant in error to recover wages for work done by him and his assignors upon that certain placer mining claim known as “No. 3 Above Discovery on the Right Limits of First Tier of Benches on Dome Creek,” in the Fairbanks mining district of Alaska. The case was *177 tried by the court without a jury, on the stipulation of the respective parties, and resulted in findings- of fact and a judgment in favor of the plaintiff to the action for the sum of $8,563.50, with interest from May 1, 1907, and costs of suit. In so far as the findings have any evidence at all to support them, they are conclusive upon us; but if it be true, as is insisted on the part of the plaintiffs in error, that in some respects at least they are not only wholly unsupported by the evidence, but are in conflict with the uncontradicted evidence in certain respects, we are not so concluded.

The complaint contains 17 counts. In each count it is alleged that on and prior to October 9, 1906, the defendants were, and ever since have- been, and now are, partners in the business of mining on Dome Creek. The first count also alleges that between the 15th and 28th days…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.