Book Description

Excerpt from In the United States Circuit Court of Appeals for the Ninth Circuit: The Pacific Coal and Transportation Company (a Corporation) And M. D. McCumber, Appellants, Vs. Pioneer Mining Company (a Corporation), Appellee; Brief for Appellants The action was tried before the Judge of the Dis trict Court of Alaska sitting without a jury and judgment was rendered upon findings of fact and conclusions of law in favor of appellee and against appellants. Appellants made a motion for a new trial in the Court below, which motion was denied, and appeal is now taken from the order denying said motion and also from the final judgment in the case, and the appeal is based upon three bills of exceptions setting forth in narrative form, all of the evidence taken at the trial including the oral testimony of witnesses, and also a large number of exhibits, consisting of maps, ' location notices, leases, and other documents of that character. There is found in the Transcript an assignment of errors containing 79 specifications wherein it is alleged that the judge of the lower Court committed error in the trial of the action. The purpose of this appeal is to secure a reversal of the judgment wherein appellants were deprived of their prop erty, and either to have judgment directed in favor of appellants and against appellee upon the testi mony adduced, or to have the judgment of the lower Court set aside and a new trial granted. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.