Opinion
[Syllabus Material] [Syllabus Material] Department Two
Rehearing (Denied, Granted) 56 Cal. 642 at 646.
Appeal from a judgment for defendant, and from an order denying a motion for a new trial, in the Fourteenth District Court for the County of Placer. Reardan, J.
COUNSEL:
J. P. Dameron, and Rhodes & Barstow, for Appellant.
C. A. Tuttle, and J. M. Fulweiler, for Respondent.
JUDGES: Thornton, J. Myrick, J., and Sharpstein, J., concurred.
OPINION
THORNTON, Judge
On rehearing in Bank, the Court rendered the following opinion:
By the Court:
The conclusion reached by Department Two in this cause is in accord with the judgment of the Supreme Court of the United States, rendered at its present term in the case of the Ivanhoe Mining Company v. The Keystone Consolidated Mining Company. (Morrison's Transcript of Decisions of the Supreme Court of U.S. 129.) The opinion of the Department will therefore stand as the opinion of the Court in Bank.