Whelan v. Brickell
California Supreme Court
APPEAL from Superior Court, City and County of San Francisco. Action by Fairfax H. Whelan, administrator, against John Brickell and others. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtMcFARLAND, J.
This case has been here in various forms, several times: Brickell v. Batchelder, 62 Cal. 623; Batchelder v. Brickell, 75 Cal. 373, 17 Pac. 441; Batchelder v. Baker, 79 Cal. 266, 21 Pac. 754; and Baker v. Brickell, 87 Cal. 329, 25 Pac. 489, 1067. The case at bar must be affirmed upon the authority of the case last above mentioned—87 Cal. 329, 25 Pac. 489, 1067. That case, it is true, was decided upon its merits, after a full trial, while in the ease at bar judgment was rendered for defendants upon the sustaining of a demurrer to the complaint. There is an effort here to give the case a…
2Cases cited4 opinions
- Baker v. BrickellCalifornia Supreme Court · 1891
- Brickell v. BatchelderCalifornia Supreme Court · 1882
- Batchelder v. BakerCalifornia Supreme Court · 1889
- Batchelder v. BrickellCalifornia Supreme Court · 1888
3Cited by3 opinions
- Baker v. BrickellCalifornia Supreme Court · 1894
- Richardson v. Carbon Hill Coal Co.Washington Supreme Court · 1897
- Wheelan v. BrickellCalifornia Supreme Court · 1894