Gray v. Dougherty
California Supreme Court
Appeal from the District Court, Third Judicial District, Alameda County. The facts are stated in the opinion of the Court. E. W. F. Sloan, for Appellants, on the question of the former judgment in bar, cited: Gregory v. Burrall, 3 Edw. Ch. C. 417 ; Hughes v. Blake, 1 Mason, 518 ; Penrie v. Dunn, 4 John. Ch. 142 ; Hunt v. Terrill’s Heirs, 7 J. J. Marsh, 68 ; Wilcox v. Balger, 6 Ham.
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Appeal from the District Court, Third Judicial District, Alameda County. The facts are stated in the opinion of the Court. E. W. F. Sloan, for Appellants, on the question of the former judgment in bar, cited: Gregory v. Burrall, 3 Edw. Ch. C. 417 ; Hughes v. Blake, 1 Mason, 518 ; Penrie v. Dunn, 4 John. Ch. 142 ; Hunt v. Terrill’s Heirs, 7 J. J. Marsh, 68 ; Wilcox v. Balger, 6 Ham. Ohio, 409. Where the plaintiff discovers, on the trial of his cause, that he cannot safely rest upon the proof introduced, he -should take a nonsuit or an order dismissing Ms bill without prejudice, otherwise the…
1Opinion of the Court
By the Court, Sanderson, C. J.
On the 25th of October, 1851, José M. Amador, being seized of certain land in Contra Costa County, sold and conveyed the same to Leo Norris, part of the purchase money remaining- unpaid. On the 3d of February, 1852, Amador brought suit against Norris to recover the unpaid purchase money and enforce his vendor’s lien therefor. On the 19th of February, 1S52, the action thus brought was compromised between them by an instrument in writing, wherein it was agreed that all existing contracts between them should be annulled and rendered void, and that Amador should…
2Cases cited3 opinions
- Reynolds v. HarrisCalifornia Supreme Court · 1860
- Goodale v. WestCalifornia Supreme Court · 1855
- Sweitzer v. Hummel of TootSupreme Court of Pennsylvania · 1817
3Cited by72 opinions
- Folsom v. Butte County Assn. of GovernmentsCalifornia Supreme Court · 1982
- Freeman v. McAninchTexas Supreme Court · 1894
- Holland v. HotchkissCalifornia Supreme Court · 1912
- Olwell v. W. L. HopkinsCalifornia Supreme Court · 1946
- Koyer v. WillmonCalifornia Supreme Court · 1907
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