Todhunter v. Klemmer
California Supreme Court
The record shows that, pending the action of ejectment in which the stay bond in suit was given, one of the plaintiffs, William P. Todhunter, died, August 13, 1896, before the action was tried, and that the judgment was nominally in his favor as one of the plaintiffs. Further facts are stated in the opinion.
1Opinion of the Court
SMITH, C.
—This is an appeal from a judgment for the plaintiffs and from an order denying the defendants’ motion for a new trial.. The suit was brought on an undertaking of the defendants, given on appeal in an action of ejectment in which the plaintiffs and one William P.' Todhunter were plaintiffs and one Armstrong defendant, which was affirmed on appeal. But at the date of the judgment,'September 21, 1896, the last-named plaintiff had been dead for over a month, and his executors were not appointed until seven days afterwards. The undertaking was to “the plaintiffs” in the ejectment suit…
2Cases cited5 opinions
- Kaufman v. Superior CourtCalifornia Supreme Court · 1896
- Phelan v. TylerCalifornia Supreme Court · 1883
- McCreery v. EverdingCalifornia Supreme Court · 1872
- Hinkel v. DonohueCalifornia Supreme Court · 1891
- Walsh v. SouleCalifornia Supreme Court · 1885
3Cited by20 opinions
- Hopkins v. Superior CourtCalifornia Supreme Court · 1902
- Collison v. ThomasCalifornia Supreme Court · 1961
- Sacks v. FSR Brokerage, Inc.California Court of Appeal · 1992
- Hogan v. Superior CourtCalifornia Court of Appeal · 1925
- Boyd v. LancasterCalifornia Court of Appeal · 1939
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