Legal Opinion

Nally v. McDonald

California Supreme Court

Decided October 25, 1888No. 11528PublishedCited by 11 opinions

Appeal from an order of the Superior Court of Mendocino County granting a ne\y trial. The facts are stated in the opinion of the court.

1Opinion of the CourtMcFarland, J.

The jury found a verdict for the plaintiffs, and a judgment was rendered thereon. Defendant made a motion for a new trial, and the court granted it. From the order granting a new trial plaintiffs appeal.

The basis of the action was a lost claim against the estate of Anna McDonald, deceased. Plaintiffs sought to prove that the claim was properly verified; that it was presented to A. C. McDonald, executor of the estate, who indorsed his allowance thereon; that the said executor volunteered' a promise to take the claim to the county seat and procure its allowance by the probate judge; and that…

2Cited by11 opinions

  1. Domico v. CasassaCalifornia Supreme Court · 1894
  2. Gray v. RobinsonCalifornia Court of Appeal · 1939
  3. Rochester v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1913
  4. Bjorman v. Fort Bragg Redwood Co.California Supreme Court · 1891
  5. Larson v. City of SeattleWashington Supreme Court · 1946

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