Schneider v. Brown
California Supreme Court
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
- Sweetser v. DobbinsCalifornia Supreme Court · 1884
- Bernal v. HoviousCalifornia Supreme Court · 1861
- Stiles v. LairdCalifornia Supreme Court · 1855
3Cited by20 opinions
- Russell v. RammCalifornia Supreme Court · 1927
- Grand Central Min. Co. v. Mammoth Min. Co.Utah Supreme Court · 1905
- Stevens v. MoonCalifornia Court of Appeal · 1921
- Linott v. RowlandCalifornia Supreme Court · 1897
- Richardson v. City of EurekaCalifornia Supreme Court · 1895
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