Legal Opinion

Leese v. Clark

California Supreme Court

Decided April 15, 1865PublishedCited by 10 opinions

Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This case was before the Supreme Court at the July term, 1861, when the judgment was reversed and the case remanded for a new trial, and again at the July term, 1862, when the judgment was reversed, and the Court below directed to enter judgment for the plaintiff upon the special findings for the premises in controversy pursuant to the prayer of the complaint.

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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This case was before the Supreme Court at the July term, 1861, when the judgment was reversed and the case remanded for a new trial, and again at the July term, 1862, when the judgment was reversed, and the Court below directed to enter judgment for the plaintiff upon the special findings for the premises in controversy pursuant to the prayer of the complaint. (See 18 Cal. 535, and 20 Cal. 387, where the general facts pertaining to the action are fully reported.) The following is the judgment of the…

1Opinion of the Court

By the Court,

Shafter, J.

Ejectment for the recovery of 'certain lots in the City of San Francisco. There were forty-one defendants in all, who answered severally. The jury rendered a general verdict for the defendants, and answered also to certain special issues. Plaintiff moved for judgment on the special findings. The motion was denied and judgment was entered for all of the defendants. On appeal to the Supreme Court the judgment was reversed, and the Court below was directed “ to enter judgment for the plaintiff upon the special findings, pursuant to the prayer of the complaint.” Amongst…

2Cases cited2 opinions

  1. Winans v. ChristyCalifornia Supreme Court · 1854
  2. Rabe v. HamiltonCalifornia Supreme Court · 1860

3Cited by10 opinions

  1. Schmidt v. Oregon Gold Mining Co.Oregon Supreme Court · 1895
  2. Ayyad v. Sprint SpectrumCalifornia Court of Appeal · 2012
  3. East Side Mill Co. v. FeldmanOregon Supreme Court · 1915
  4. Lamet v. MillerCalifornia Supreme Court · 1886
  5. (HC) Quinnine v. BurtonDistrict Court, E.D. California · 2021

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