Mahan v. Wood
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco granting a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtPaterson, J.
This is an action on a promissory note made and delivered by the defendant to plaintiff March 19, 1869, for the sum of three thousand three hundred dollars and interest. The defense is failure of consideration. The case was here several years ago (44 Cal. 462), and the chief question is, To what extent does the decision on the former appeal control the case as it is now presented ?
The case is before us now on appeal from an order granting a new trial.
Appellant contends that the facts as they appeared on the former appeal, and as they appear on this appeal, are substantially the same, and for…
2Cases cited1 opinion
- Mahan v. WoodCalifornia Supreme Court · 1872
3Cited by5 opinions
- Cowell v. SnyderCalifornia Supreme Court · 1915
- Franz v. MendoncaCalifornia Supreme Court · 1905
- Robinson v. ThorntonCalifornia Supreme Court · 1896
- Mahan v. WoodCalifornia Supreme Court · 1894
- Wright v. Carson Water Co.Nevada Supreme Court · 1895