Legal Opinion

Potter v. Pigg

California Court of Appeal

Decided December 28, 1917No. Civ. No. 1728PublishedCited by 6 opinions

APPEAL from a judgment of the Superior Court of Tulare County, and from an order made after final judgment. J. A. Allen, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtChipman, P. J.

Plaintiff appeals from the' judgment and from an order made after final judgment. The pleadings, findings, and judgment are identical with those in Potter v. Spaulding, ante, p. 692, [170 Pac. 1061], Plaintiff gave notice of a motion under sections 663 and 663a of the Code of Civil Procedure to vacate the judgment and to enter another and different judgment, which motion was denied. The appeal from the order appears in part to be an attempt to have reviewed an order refusing to settle his bill of exceptions. The remedy is by mandamus and not by appeal. (Brode v. Goslin, 158 Cal. 699, 701,…

2Cases cited9 opinions

  1. Kaiser v. DaltoCalifornia Supreme Court · 1903
  2. Tyrrell v. BaldwinCalifornia Supreme Court · 1885
  3. Marshall v. CaldwellCalifornia Supreme Court · 1871
  4. Hannan v. McNickleCalifornia Supreme Court · 1889
  5. Dahlberg v. GirschCalifornia Supreme Court · 1910

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3Cited by6 opinions

  1. Cushing v. LeviCalifornia Court of Appeal · 1931
  2. Socol v. KingCalifornia Supreme Court · 1949
  3. Rinaldo v. Superior CourtCalifornia Court of Appeal · 1936
  4. Rounds v. DippolitoCalifornia Court of Appeal · 1949
  5. Howell v. PedersenCalifornia Court of Appeal · 1919

1 more not listed; retrieve them via the Exa API.

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