Legal Opinion

Pierce v. Birkholm

California Supreme Court

Decided January 10, 1896No. 15464PublishedCited by 14 opinions

Motion to dismiss an appeal from a judgment of the Superior Court of the City and County of San Francisco. William T. Wallace, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtVan Fleet, J.

Motion to dismiss an appeal.

Judgment was entered in the action in the court below in favor of defendants on August 15, 1892, but subsequently, on August 26, 1892, the court, on motion of plaintiffs, made an order granting a new trial. From the order granting a new trial defendants, on October 24,1892, appealed to this court. After the taking of the appeal from said order, the plaintiffs, on May 10, 1893, took an appeal from the judgment.

We are asked by the defendants to dismiss the appeal *671from the judgment, upon the ground, as contended, that the effect of the order granting defendants a new…

2Cases cited5 opinions

  1. Bronner v. WetzlarCalifornia Supreme Court · 1880
  2. Walden v. MurdockCalifornia Supreme Court · 1863
  3. Kower v. GluckCalifornia Supreme Court · 1867
  4. Wittenbrock v. BellmerCalifornia Supreme Court · 1881
  5. Wheeler v. KassabaumCalifornia Supreme Court · 1888

3Cited by14 opinions

  1. Sherwin v. Southern Pacific Co.California Supreme Court · 1914
  2. Philip Carey Co. v. VickersSupreme Court of Oklahoma · 1916
  3. Bulmash v. DavisCalifornia Supreme Court · 1979
  4. Henry v. MerguireCalifornia Supreme Court · 1896
  5. Mountain Tunnel Gravel Mining Co. v. BryanCalifornia Supreme Court · 1896

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