Bensley v. Ellis
California Supreme Court
Appeal from the District Court of the Twelfth District, City and County of Ban Francisco. The case is stated in the opinion.
1Opinion of the CourtRhodes, C. J.
The action of Bensley v. Ellis, which was pending in the Twelfth, District Court, was, on the 8th of January, 1866, ordered to be dismissed. On the 7th of July, 1866, the order of dismissal was, on the plaintiff’s motion, set aside, and the cause was restored to the calendar; and, on the 13th of January, 1869, the last order was, on motion of the defendants, set aside, leaving the judgment of dismissal in force. The plaintiffs appeal from the last order.
The plaintiffs attack the order of January 8th, 1866—the judgment of dismissal—on the ground that it was void: First-—Because the action had…
2Cases cited1 opinion
- Gates v. SalmonCalifornia Supreme Court · 1865
3Cited by11 opinions
- Buck v. CantyCalifornia Supreme Court · 1912
- Sobey v. MolonyCalifornia Court of Appeal · 1940
- Huffman v. HallCalifornia Supreme Court · 1894
- Brainard v. Coeur D'Alene Antimony Mining Co.Idaho Supreme Court · 1922
- Woodward v. EdmundsUtah Supreme Court · 1899
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