Gambert v. Hart
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Clara. The defendant is an attorney and counsellor at law.
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Appeal from the District Court of the Third Judicial District, County of Santa Clara. The defendant is an attorney and counsellor at law. This action was commenced against him on the 24th day of December, 1868, to recover damages for the alleged careless, negligent, and unskillful manner in which he had conducted the defense of an action brought by Francis M. Quivey against this plaintiff', on the 4th day of April, 1865. Said action of Quivey v. Gambert was ejectment to recover possession of a lot in the City of San José, Santa Clara County. On the 12th day of July, 1847, John Burton, Alcalde…
1Opinion of the Court
By the Court, Crockett, J.:
The negligence imputed to the defendant is, first, his failure to file and serve a proper notice of the motion for new trial; second, his submission of the motion before the statement in support of it had been settled or agreed to. At the trial the plaintiff called the witness, Benham, to prove that these acts amounted to negligence in the defendant, as an attorney. But the Court excluded the evidence, and this ruling is assigned as error. The witness was not called to prove any fact in the case, and his evidence, if admitted, would have been only an expression of…
2Cases cited1 opinion
- Cox v. SullivanSupreme Court of Georgia · 1849
3Cited by25 opinions
- Flowers v. Torrance Memorial Hospital Medical CenterCalifornia Supreme Court · 1994
- Ishmael v. MillingtonCalifornia Court of Appeal · 1966
- Wright v. WilliamsCalifornia Court of Appeal · 1975
- Theobald v. ByersCalifornia Court of Appeal · 1961
- Pete v. HendersonCalifornia Court of Appeal · 1954
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