Legal Opinion

Dumphy v. Guindon

California Supreme Court

Decided July 1, 1859PublishedCited by 5 opinions

Appeal from the County Court of Tuolumne County. Action in a Justice’s Court on a note and account amounting to ninety-eight dollars and ninety-one cents. ■ Judgment for defen dan t for costs, seventy-six dollars and fifty-five cents. Plaintiff appealed to the County Court, where the judgment below was reversed and a new trial ordered in that Court.

Read the full summary

Appeal from the County Court of Tuolumne County. Action in a Justice’s Court on a note and account amounting to ninety-eight dollars and ninety-one cents. ■ Judgment for defen dan t for costs, seventy-six dollars and fifty-five cents. Plaintiff appealed to the County Court, where the judgment below was reversed and a new trial ordered in that Court. In the County-Court a nonsuit was first granted, and afterwards, on motion to set it aside, judgment final was rendered for defendants for costs, ninety dollars and ten cents, which includes a part of the costs in the Justice’s Court. Plaintiffs…

1Opinion of the CourtField, J.

Terry, C. J. concurring.

This action was brought originally in a Justice’s Court, where the defendant obtained judgment for seventy-six dollars and fifty-five cents costs. The demand claimed in the complaint is ninety-eight dollars and ninety-one cents. On the trial upon appeal in the County Court the plaintiff was nonsuited and judg*30ment was entered against him for ninety dollars and ten cents costs. From this judgment the appeal is taken, and the proposition presented is, whether this Court possesses any appellate jurisdiction to entertain it; and the solution of the proposition depends upon…

2Cases cited2 opinions

  1. Conant v. ConantCalifornia Supreme Court · 1858
  2. Gordon v. RossCalifornia Supreme Court · 1852

3Cited by5 opinions

  1. Henigan v. ErvinCalifornia Supreme Court · 1895
  2. Meeker v. HarrisCalifornia Supreme Court · 1863
  3. Bolton v. LandersCalifornia Supreme Court · 1864
  4. Dashiell v. SlingerlandCalifornia Supreme Court · 1882
  5. Zabriskie v. TorreyCalifornia Supreme Court · 1862

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API