Smeltzer v. Miller
California Supreme Court
APPEAL from a judgment of the Superior Court of Monterey County, hi. A. Dorn, Judge. The main facts are stated in the opinion rendered upon the former appeal, reported in 113 Cal. 163. Further facts are stated in the opinion rendered upon this appeal.
1Opinion of the Court
GRAY, C.
All the questions involved in this appeal were stated by this court, thoroughly discussed and settled on the former appeal herein. (Smeltzer v. Miller, 113 Cal. 163.) Prior to that appeal the trial court had sustained a demurrer to the complaint, and this court, after reciting parts of the complaint, held that it stated a cause of action and that the demurrer should have been overruled. It appears that on the return of the case to the trial court an answer was filed and a trial had, and the fifth and sixth findings of the court are as follows:
“V. That on, to wit, the seventh day of…
2Cases cited4 opinions
- Power v. MayCalifornia Supreme Court · 1898
- Power v. MayCalifornia Supreme Court · 1896
- Smeltzer v. MillerCalifornia Supreme Court · 1896
- Harris v. CookCalifornia Supreme Court · 1897
3Cited by5 opinions
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- Stone v. City of Los AngelesCalifornia Court of Appeal · 1931
- Knights of Iron Horse v. City of DetroitMichigan Supreme Court · 1942
- Sittig v. RaneyCalifornia Court of Appeal · 1921
- City of Brentwood v. Department of FinanceCalifornia Court of Appeal · 2020