Andrews v. Mokelumne Hill Co.
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Calaveras. On rehearing, the plaintiff, John Andrews, filed his complaint against the Mokelumne Hill Canal and Mining Company, and Allen Cadwallader, setting forth that the plaintiff and Cadwallader had contracted with the Mok.
Read the full summary
Appeal from the District Court of the Fifth Judicial District, County of Calaveras. On rehearing, the plaintiff, John Andrews, filed his complaint against the Mokelumne Hill Canal and Mining Company, and Allen Cadwallader, setting forth that the plaintiff and Cadwallader had contracted with the Mok. Hill C. and M. Co., to grade a line of canal, and to construct a canal, flume, and aqueduct, between certain specified points; that plaintiff and Cadwallader had completed their work; that Cadwallader, as plaintiff was informed and believed, had been paid, and had given receipts in full for his…
1Opinion of the CourtMurray, C. J.
This case was decided at the January Term, and an opinion rendered reversing the judgment below. A re-hearing was afterwards granted, and the case now comes before us for final adjudication.
The simple question presented for our consideration on the former trial was, whether there was a non-joinder of parties plaintiff or not; it being contended that the fourteenth section of the Practice Act had introduced a new rule, and that one of several parties might maintain an action, on a joint-contract in his own name, by simply suggesting the impossibility of obtaining the consent of the others to…
2Cited by10 opinions
- Williams v. Southern Pacific RailroadCalifornia Supreme Court · 1896
- Pacific Finance Corp. v. City of LynwoodCalifornia Court of Appeal · 1931
- Ryan v. RiddleSupreme Court of Missouri · 1883
- Traders Etc. Ins. Co. v. Pac. Emp. Ins. Co.California Court of Appeal · 1955
- Traders & General Insurance v. Pacific Employers InsuranceCalifornia Court of Appeal · 1955
5 more not listed; retrieve them via the Exa API.