Crowell v. Gilmore
California Supreme Court
Appeal from the Ninth District. This case was before this Court at the April term, 1859, and is reported in 18th Cal. 54. On the return of the cause to the Court below, in accordance with the judgment of the Supreme Court, plaintiff amended his complaint by making Spencer a party. The case proceeded to trial, when plaintiff having introduced Ball and others as witnesses upon various points, but not attempting to prove their liens, rested..
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Appeal from the Ninth District. This case was before this Court at the April term, 1859, and is reported in 18th Cal. 54. On the return of the cause to the Court below, in accordance with the judgment of the Supreme Court, plaintiff amended his complaint by making Spencer a party. The case proceeded to trial, when plaintiff having introduced Ball and others as witnesses upon various points, but not attempting to prove their liens, rested.. Shea, one of the defendants, who held a mortgage, then moved for a nonsuit on the ground—1st, That plaintiff had not complied with the Act of 1856, as to…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
The rights of the parties to this appeal were settled by the former decision of this Court, (13 Cal. 54) and we cannot consider them a second time. The case falls within the principle of Soule v. Dawes (14 Cal. 248).
Judgment affirmed.
2Cases cited1 opinion
- Crowell v. GilmoreCalifornia Supreme Court · 1859