Legal Opinion

Byrne v. Byrne

California Supreme Court

Decided May 25, 1892No. 14567PublishedCited by 17 opinions

Appeal from a judgment of the Superior Court of Nevada County. The facts are stated .in the opinion.

1Opinion of the Court

Vanclief, C.

A striking peculiarity of the action is, that the same person — Mary F. Byrne—is both plaintiff and defendent. In her simple, non-official character she sues herself as administratrix of the estate of her deceased father. As plaintiff, she actively prosecuted the action, giving material and important testimony for plaintiffs. As defendant, she failed to answer or demur, and her default was duly entered. Judgment was rendered in her favor as plaintiff, and against her as de*577fend ant. The effect of the judgment is to give her and her co-plaintiffs seventeen hundred dollars, which, in…

2Cases cited2 opinions

  1. Trustees of the First Society of the Methodist Episcopal Church of Pultney v. StewartNew York Supreme Court · 1858
  2. Brown v. MannCalifornia Supreme Court · 1886

3Cited by17 opinions

  1. Redevelopment Agency v. City of BerkeleyCalifornia Court of Appeal · 1978
  2. O'MORROW v. BoradCalifornia Supreme Court · 1946
  3. Buckeye Refining Co. v. KellyCalifornia Supreme Court · 1912
  4. Perkins v. RobertsonCalifornia Court of Appeal · 1956
  5. Christiansen v. ChristiansenCalifornia Court of Appeal · 1967

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