Irwin v. Towne
California Supreme Court
The appeal in this case was decided at the October Term, 1871, and is reported in 42 Cal. p. 331. The defendants applied to the Supreme Court for a modification of the judgment. The other facts are stated in the opinion.
1Opinion of the Court
By the Court,
Wallace, C. J.:
In reversing the order denying the motion for a new trial an opinion was filed in which a construction was given to the descriptive calls in the deed under which the plaintiff claimed, but the opinion intimated nothing as to what particular proceedings were to be had on the return of the cause to the Court below. It concluded as follows: “ Order denying a new trial reversed and cause remanded for further proceedings in accordance with this opinion.” Had the Court below sustained the motion of the plaintiff for a new trial, no question could have arisen as to the…
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