Dewey v. Bowman
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was a suit in equity to enforce the performance of a trust, created in the following manner: One Sehoyer was the owner . of a claim of eight thousand four hundred dollars, for rent of the marine hospital in San Francisco, to become due from the State of California. He assigns five thousand four hundred dollars thereof to one Moses j Moses assigns his claim to plaintiffs.
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Appeal from the Superior Court of the City of San Francisco. This was a suit in equity to enforce the performance of a trust, created in the following manner: One Sehoyer was the owner . of a claim of eight thousand four hundred dollars, for rent of the marine hospital in San Francisco, to become due from the State of California. He assigns five thousand four hundred dollars thereof to one Moses j Moses assigns his claim to plaintiffs. Subsequent to the assignment to Moses, Sehoyer, in order to secure the payment to defendant, Bowman, of his note for one thousand five hundred dollars, dated…
1Opinion of the CourtBurnett, J.
This case was decided at the last April Term of this Court, and the judgment of the Court below affirmed, upon the ground that no motion was made for a new trial. Upon a petition for a rehearing, we are satisfied that our former decision was erroneous. The case was an equitable proceeding, and no motion for a new trial is necessary in such cases. We were led into this error by a mistake in the brief of the defendant Cohen, in which the action is styled, “ an action of trover and conversion.”
This case was heard in the Court below upon complaint, answer, and exhibits, and not upon “…
2Cases cited1 opinion
- Hyatt v. ArgentiCalifornia Supreme Court · 1853
3Cited by17 opinions
- Brewster v. HartleyCalifornia Supreme Court · 1869
- Brittan v. Oakland Bank of SavingsCalifornia Supreme Court · 1899
- Duff v. FisherCalifornia Supreme Court · 1860
- Williams v. AsheCalifornia Supreme Court · 1896
- Rubenstein v. NourseCourt of Appeals for the Eighth Circuit · 1934
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