Meagher v. Gagliardo
California Supreme Court
Appeal from the District Court, Thirteenth Judicial District, Mariposa County. This was an action of replevin. Judgment passed for the defendants, G. Gagliardo and A. Gagliardo, in the Court below, and the plaintiff appealed, and assigned for error that the Court erred in denying his application for a continuance. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, J.:
The case shows that the action was commenced on the 4th of June, 1867, and that at that time Francisco Gagliardo had left the State, to the knowledge of the plaintiff That issue having been joined by the other defendants, the case, by agreement, was set for trial on the 7th of August, 1867, the plaintiff not objecting upon the ground that no service had been obtained upon Francisco Gagliardo, and that the case was not at issue as to him. That on the 7th of August the plaintiff, not being ready on account of the absence of witnesses, moved for a continuance until…
2Cases cited1 opinion
- Staples v. ParkerNew York Supreme Court · 1864
3Cited by7 opinions
- Webster v. WebsterCalifornia Supreme Court · 1932
- Borkheim v. North British & Mercantile Insurance Co.California Supreme Court · 1869
- Cathcart v. GregoryCalifornia Court of Appeal · 1941
- Sanguinetti v. SanguinettiAlaska Supreme Court · 1981
- Dwyer v. Haynes (In Re Haynes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
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