Smith v. Pollock
California Supreme Court
Appeal from the District Court of the Fourth Judicial District. Smith & Wilson sued Pollock for $1750, upon a quantum meruit, for services rendered the defendant by the plaintiffs, as attorneys, &c.
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Appeal from the District Court of the Fourth Judicial District. Smith & Wilson sued Pollock for $1750, upon a quantum meruit, for services rendered the defendant by the plaintiffs, as attorneys, &c. The affidavit of Wilson was filed, stating that the defendant was indebted to the plaintiffs in the sum claimed, over and above all legal set-offs or counter claims, upon an implied contract for the direct payment of money, made since the 1st of May, 1851, within this State, and that payment had not been secured by any mortgage on real or personal property;—together with an undertaking by two…
1Opinion of the CourtJustice Murray
This is an appeal from an order made in the Court below, referring the cause to F. J. Lippitt, to try and report on all the issues. The record shows that the appellant was in Court, by his counsel, at the time the order was entered, and made suggestions as to the form, &c., of the order. The appellant filed his affidavit, stating that he had never consented to such reference, and prayed the Court to set the same aside. Art. 1, sec. 3, of the Constitution of this State provides, that “ the right to trial by jury shall be secured to all, and shall remain inviolate forever; but a jury trial may…
2Cited by10 opinions
- Parker v. James Granger, Inc.California Supreme Court · 1935
- De Castro v. RoweCalifornia Court of Appeal · 1963
- John A. Roebling Sons Co. v. Bear Valley Irrigation Co.California Supreme Court · 1893
- Tietzel v. Southwestern Const. Co.New Mexico Supreme Court · 1939
- Platt v. HavensCalifornia Supreme Court · 1897
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