Legal Opinion · Dissent

Chapman v. Quinn

California Supreme Court

Decided July 1, 1880No. 5,770Published

Appeal from a judgment in favor of the plaintiff, in the Nineteenth District Court, City and County of San Francisco. Wheeler, J. The facts are stated in the opinion. The action is now pending in the Supreme Court of the United States on writ of error.

1DissentThornton, J.

I cannot concur with my associates in their judgment in this case. Since reading the opinion of the Court, I have re-exam-*279hied the case fully, and that re-examination satisfies me that the conclusion reached in the former opinion is correct, and that my associates have fallen into errors which will result in great injury to the rights of litigants, and that the conclusions reached by them are contrary, to all the decisions of Courts in such cases, so far as any have been cited to us, or that I have been able to find.

The rule upon which one of the points was decided in the former opinion is…

2Cases cited16 opinions

  1. Wilcox v. JacksonSupreme Court of the United States · 1839
  2. Shepley v. CowanSupreme Court of the United States · 1876
  3. Moore v. RobbinsSupreme Court of the United States · 1878
  4. Comegys v. VasseSupreme Court of the United States · 1828
  5. Frisbie v. WhitneySupreme Court of the United States · 1870

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