Hall v. Polack
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. This was a suit in equity to compel the defendants to convey to the plaintiff an undivided one half interest in two parcels of land—one known as the Geyser Springs tract and the other as the Hieassio Rancho—upon an alleged agreement by the defendant, Joel S. Polack, to so convey.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. This was a suit in equity to compel the defendants to convey to the plaintiff an undivided one half interest in two parcels of land—one known as the Geyser Springs tract and the other as the Hieassio Rancho—upon an alleged agreement by the defendant, Joel S. Polack, to so convey. It is alleged in the complaint that in the year 1857 the plaintiff purchased an interest in Goat Island of Frank Pixley, and in the following year purchased another interest in the same island from Edward A. King, and…
1Opinion of the Court
By the Court, Crockett, J.:
This cause was tried before a referee, who reported his findings and a judgment in favor of the defendants, which was duly entered; and thereupon the plaintiff moved for a new trial. The motion was argued, and the defendants’ counsel was allowed a certain period within which to file a brief in opposition to the motion. Before the time had expired, the Judge, apparently through inadvertence, wrote and signed an order at chambers granting the motion, and filed it with the papers in the cause, and caused it to be noted in the daily rough minute book kept by the Clerk.…
Also in this document: Concurrence.
2Cases cited1 opinion
- Mulford v. EstudilloCalifornia Supreme Court · 1867
3Cited by14 opinions
- Wiggin v. Superior CourtCalifornia Supreme Court · 1886
- Carpenter v. Superior Court of San Joaquin Cty.California Supreme Court · 1888
- Ex Parte AltmanDistrict Court, S.D. California · 1940
- People v. CurtisCalifornia Supreme Court · 1896
- Odd Fellows' Sav. Bank v. DeupreyCalifornia Supreme Court · 1884
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