1 Nev. 523 | Nev. | 1865
Opinion by
full Bench concurring.
This was an action brought against tbe defendant, a minino-corporation, to recover tbe sum of five hundred dollars, claimed
The next alleged error is, that the Court erred in permitting evidence to be introduced varying and adding to the language used in the assessment roll. The assessment roll described the property as a mine “ of four thousand four hundred feet situated on Last Chance Hill.”
The complaint describes the property as follows: “ Also those certain mining claims situate on Last Chance Hill in said county and known as the “ Heal del Monte,” “ Aurora,” “ Last Chance,” “ Yellow Jacket,” “ Pond,” “ Sunbeam,” “Western Summit,” “Crockett,” “Chihuahua” and “Midnight,” containing in all forty-four hundred feet, more or less, and being the same property as described in the assessment roll of said county for the year 1864. There is no contradiction between these descriptions ; there may be many claims in one mine, and where many claims are united or consolidated in the hands of one company there is no impropriety in calling it one mine, or one mining claim. The description in the assessment roll was general. The law of 1864-5, page 163, expressly authorizes the District Attorney to give, when he brings suit for delinquent taxes, a more particular description of the property on which the taxes remain unpaid than that used in the assessment; roll. This, the District Attorney in this case has done. He alleges, however, that his description embraces the same property as that described in the assessment. We must presume in favor of the judgment in the Court below that he established that fact, until it is shown that the description in the complaint embraced ground not included in the assessment. This is not shown.
The judgment is affirmed,