Legal Opinion

Kirby v. Superior Court

California Supreme Court

Decided February 25, 1886No. 9869PublishedCited by 14 opinions

Application for a writ of prohibition- The facts are stated in the opinion of the court.

1Opinion of the CourtThornton, J.

— Application for a writ of prohibition. In the action of Johnson et al. v. Kirby et al., in the Superior Court of Nevada County, the plaintiffs filed an amended complaint, to which defendants demurred. The demurrer was sustained, and plaintiffs herein refused to amend, thereupon judgment was entered for the defendants. From this judgment plaintiffs appealed to this court, where the judgment was affirmed. (Johnson v. Kirby, 65 Cal. 482.)

*605After the affirmance of the judgment, and more than one year after the entry of the final judgment, the Superior Court above named, on motion of plaintiff…

2Cases cited4 opinions

  1. Merced Mining Co. v. FremontCalifornia Supreme Court · 1857
  2. Castro v. RichardsonCalifornia Supreme Court · 1864
  3. In re Estate of SchroederCalifornia Supreme Court · 1873
  4. Johnson v. KirbyCalifornia Supreme Court · 1884

3Cited by14 opinions

  1. Cattlemens Trust Co. of Ft. Worth v. WillisCourt of Appeals of Texas · 1915
  2. State ex rel. Wolferman v. Superior CourtWashington Supreme Court · 1894
  3. Hynes v. BarnesMontana Supreme Court · 1904
  4. Iowa State Savings Bank v. JacobsonSouth Dakota Supreme Court · 1896
  5. Thomas v. Superior Court, Etc.California Court of Appeal · 1907

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API