Legal Opinion

Schneider v. Brown

California Supreme Court

Decided August 1, 1890No. 13517PublishedCited by 20 opinions

Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new trial. The facts are stated in the opinion.

1Opinion of the Court

Hayne, C.

This was a suit to restrain a trespass upon real property, and for damages. The trial court gave judgment for the plaintiff, and the defendants appeal.

The appeal from the order denying a new trial was not taken in time, and must be dismissed.

The appeal from the judgment was not taken within sixty days from its rendition, and therefore no question as to the insufficiency of the evidence can be raised.

The verdict of the jury was merely advisory, and therefore any error that may have occurred in the instructions is immaterial. (Dominguez v. Dominguez, 7 Cal. 426; Sweetser v. Dobbins, 65…

2Cases cited3 opinions

  1. Sweetser v. DobbinsCalifornia Supreme Court · 1884
  2. Bernal v. HoviousCalifornia Supreme Court · 1861
  3. Stiles v. LairdCalifornia Supreme Court · 1855

3Cited by20 opinions

  1. Russell v. RammCalifornia Supreme Court · 1927
  2. Grand Central Min. Co. v. Mammoth Min. Co.Utah Supreme Court · 1905
  3. Stevens v. MoonCalifornia Court of Appeal · 1921
  4. Linott v. RowlandCalifornia Supreme Court · 1897
  5. Richardson v. City of EurekaCalifornia Supreme Court · 1895

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API