Legal Opinion

Lestrade v. Barth

California Supreme Court

Decided July 1, 1861PublishedCited by 4 opinions

Appeal from the Twelfth District. Ejectment for a portion of fifty-vara lot, No. 48, in San Francisco, fronting on Pacific street, and commencing one hundred and sixty-seven and one-half feet from the west line of Kearny street, as now located—and according to the present map of the city of San Francisco—and running westerly twenty-six and one-half feet.

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Appeal from the Twelfth District. Ejectment for a portion of fifty-vara lot, No. 48, in San Francisco, fronting on Pacific street, and commencing one hundred and sixty-seven and one-half feet from the west line of Kearny street, as now located—and according to the present map of the city of San Francisco—and running westerly twenty-six and one-half feet. Plaintiff claims by deed from the heirs of V. Bennett, the original • grantee of the lot from the Alcalde of San Francisco, in February, 1847. The defense intended was, that in 1847, at the time of said grant to V. Bennett, the lots and…

1Opinion of the CourtBaldwin, J.

Cope, J. concurring.

The order is affirmed on the authority of Peters v. Foss (16 Cal. 357). We have repeatedly held that it is within the power of the Court below to grant amendments whenever, at any stage of the trial, they are necessary to the purposes of justice. This power should be liberally exercised to secure a fair and speedy trial on the merits, and we do not feel disposed to interfere with the action of the Court below in the exercise of this discretion.

2Cases cited1 opinion

  1. Peters v. FossCalifornia Supreme Court · 1860

3Cited by4 opinions

  1. Coubrough v. AdamsCalifornia Supreme Court · 1886
  2. People v. ByrnesCalifornia Supreme Court · 1866
  3. Woods v. CookCalifornia Court of Appeal · 1936
  4. Watts v. WomackSupreme Court of Alabama · 1870

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