Legal Opinion
Kerns v. Dean
California Supreme Court
Decided April 28, 1885No. 8041PublishedCited by 1 opinion
APPEAL from the Superior Court of Santa Cruz County. This action was brought with and at the same time as Kerns v. McKean, 65 Cal. 411, 4 Pac. 404, and involves the same question, based on the same facts as in that action.
1Opinion of the Court
By the COURT.
This action depends in the main on the same facts as Kerns v. McKean, 65 Cal. 411, 4 Pac. 404. No defense of the statute of limitations, or of another action pending between the same parties for the same cause, is here set up. The points involved herein are passed on in Kerns v. McKean, and determined adversely to the defendant in this cause.
The judgment is reversed, and the cause is remanded for a new trial.
2Cases cited1 opinion
- Kerns v. McKeanCalifornia Supreme Court · 1884
3Cited by1 opinion
- Kerns v. DeanCalifornia Supreme Court · 1888