Legal Opinion

Whipple v. Hopkins

California Supreme Court

Decided December 18, 1897No. L. A. No. 343PublishedCited by 11 opinions

APPEAL from a judgment of the Superior Court of San Diego County and from an order denying a new trial. E. S. Torrance, Judge. The facts are stated in the opinion of the court.

1Opinion of the Court

THE COURT.

Action to quiet title. The plaintiff had judgment, and the defendant, Horace A. Mayhew and Mary J. Mayhew, appeal from the judgment, and also from an order denying their motion for a new trial.

No point is made upon the appeal from the judgment. The complaint is sufficient, and the facts found support the judgment. The motion for a new trial was heard, as the order denying the motion recites, upon affidavits of newly discovered evidence. Affidavits are printed in the transcript, but they are in no way identified as having been the affidavits used upon the hearing of the motion, nor…

2Cases cited3 opinions

  1. Fish v. BensonCalifornia Supreme Court · 1886
  2. Henry v. MerguireCalifornia Supreme Court · 1895
  3. Pendergrass v. CrossCalifornia Supreme Court · 1887

3Cited by11 opinions

  1. Kaltschmidt v. WeberCalifornia Supreme Court · 1902
  2. Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
  3. Murphy v. StellingCalifornia Supreme Court · 1903
  4. Gay v. TorranceCalifornia Supreme Court · 1904
  5. Brode v. GoslinCalifornia Supreme Court · 1910

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