Legal Opinion

Bornheimer v. Baldwin

California Supreme Court

Decided October 15, 1871No. 2,317PublishedCited by 19 opinions

Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. This was an action of ejectment for an undivided half of a tract of land in the City and County of San Francisco, bounded by Grove, Webster, and Haight streets, and a line seventy-one and a half feet east of Fillmore street, excepting therefrom block two hundred and ninety-nine. The case was tried before a jury, and resulted in a verdict and judgment for plaintiff.

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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. This was an action of ejectment for an undivided half of a tract of land in the City and County of San Francisco, bounded by Grove, Webster, and Haight streets, and a line seventy-one and a half feet east of Fillmore street, excepting therefrom block two hundred and ninety-nine. The case was tried before a jury, and resulted in a verdict and judgment for plaintiff. A motion for new trial having been denied, defendants appealed from the judgment and order. The dates and facts bearing upon the…

1Opinion of the Court

By the Court, Wallace, J.:

A judgment for the plaintiff was rendered in the Court below on the 7th day of May, 1868; and on the 30th day of November, 1869, an order was entered denying the motion of the defendant for a new trial. On the 2d day of December, 1869, the defendant filed and served a notice of appeal from the judgment and order; and on the fourth day of the same month he filed an undertaking as upon appeal from the judgment only, but did not, within the prescribed time, file an undertaking upon appeal from the order. On the 20th day of December, 1869, the defendant filed and served…

2Cases cited3 opinions

  1. Walden v. MurdockCalifornia Supreme Court · 1863
  2. Le Roy v. RassetteCalifornia Supreme Court · 1867
  3. Hanscom v. TowerCalifornia Supreme Court · 1861

3Cited by19 opinions

  1. Kline v. MurrayMontana Supreme Court · 1927
  2. Keaton v. Mun. Court of L.A.California Supreme Court · 1930
  3. Cedar Canyon Consolidated Mining Co. v. YarwoodWashington Supreme Court · 1902
  4. Grant v. PilgrimCourt of Appeals for the Ninth Circuit · 1938
  5. Douglass v. ThompsonNevada Supreme Court · 1912

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