Jones v. Thompson
California Supreme Court
Appeal from the Third District, County of Monterey. The facts as disclosed by the opinion of the Court, are as follows : This bill was filed in the District Court of the Second District, on the fourth day of April, 1856. The bill charges a partnership between the plaintiff and defendant, and prays an account. Thompson was the only defendant to the bill, and filed his answer denying the allegations of the bill. Neither the bill nor answer is verified.
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Appeal from the Third District, County of Monterey. The facts as disclosed by the opinion of the Court, are as follows : This bill was filed in the District Court of the Second District, on the fourth day of April, 1856. The bill charges a partnership between the plaintiff and defendant, and prays an account. Thompson was the only defendant to the bill, and filed his answer denying the allegations of the bill. Neither the bill nor answer is verified. Shortly after this time, plaintiff filed a petition in the District Court, setting forth the complaint, and also that Lewis T. Burton and Harvey…
1Opinion of the CourtBaldwin, J.
Several errors are assigned by Burton and Blake, who are the appellants here. They are met, however, at the threshold, by the objection that they have no standing in Court, because the respondents’ counsel say they are not parties to the record. We think the objection is not good. The petition was certainly a very irregular way to get them into the cause, but it is an irregularity of which the respondents cannot complain. The petition, though not entitled of the cause, was filed among the papers as a part of the record related to the subject matter of the suit, and was acted on by the Judge…
2Cases cited1 opinion
- Moody v. PayneNew York Court of Chancery · 1817
3Cited by10 opinions
- Keton v. ClarkCourt of Appeals of Texas · 1933
- Taylor v. S & M Lamp Co.California Court of Appeal · 1961
- First National Bank v. Farmers & Merchants National BankIndiana Supreme Court · 1908
- Ballard v. KennedySupreme Court of Florida · 1894
- Branch v. WisemanIndiana Supreme Court · 1875
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