Merritt v. Campbell
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Clara. In the former suit, brought for the same cause of action, the following are the entries in the Minutes of the Court, and the judgment rendered: “Monday, January 17, A. d. 1870. “ Court met pursuant to adjournment. Present, Hon. S. B. McKee, Judge, John B. Hewson, Clerk, and John H. Adams, Sheriff, when the following proceedings were had, to wit: “James Merrit et al. “vs. “David Campbell.
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Appeal from the District Court of the Third Judicial District, County of Santa Clara. In the former suit, brought for the same cause of action, the following are the entries in the Minutes of the Court, and the judgment rendered: “Monday, January 17, A. d. 1870. “ Court met pursuant to adjournment. Present, Hon. S. B. McKee, Judge, John B. Hewson, Clerk, and John H. Adams, Sheriff, when the following proceedings were had, to wit: “James Merrit et al. “vs. “David Campbell. “By agreement, it is ordered by the Court that the cause be dismissed; each party paying their own costs. “ S. B. McKee,…
1Opinion of the Court
By the Court, Wallace, C. J.:
This is an action for the recovery of damages claimed to have been sustained by the plaintiffs in the destruction of their property by a fire, alleged to have been negligently kindled and carelessly tended by the defendant upon his own premises, and adjoining the premises of the plaintiffs, so that it spread and extended to the latter, consuming their fences, hay, farming utensils, etc. The action was commenced on the 25th day of April, 1870.
The defendant, among other defenses, pleaded that on the twenty-fifth day of November, 1869, the plaintiff commenced an…
2Cases cited1 opinion
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