Thomas v. Anderson
California Supreme Court
Appeal from a judgment, and from an order denying a new trial, in the Eighteenth District Court, County of San Bernardino. McNealy, J. After the oral argument, and before the decision, a copy of the judgment as entered (subsequently to the appeal) was filed in the case. The other facts are stated in the opinion.
1Opinion of the Court
Morrison, C. J.:
Respondents move the Court to dismiss the appeal in this case, on the ground that no judgment has been entered in the Court below. It appears from the transcript that the case was tried before the Court, and when the Judge filed his findings of fact, the following entry was made by the Clerk in Minute Book F, page 103: “ In this case, heretofore tried and submitted, the Court gives judgment for defendants, October 13th, 1879.”
On the 16th day of December, 1879, plaintiff gave notice of his motion to move for a new trial, and on the 2nd day of February, 1880, the following entry…
2Cases cited3 opinions
- Gray v. PalmerCalifornia Supreme Court · 1865
- McLaughlin v. DohertyCalifornia Supreme Court · 1880
- McCourtney v. FortuneCalifornia Supreme Court · 1871
3Cited by17 opinions
- In re RoseCalifornia Supreme Court · 1889
- People ex rel. Love v. CenterCalifornia Supreme Court · 1885
- In re the Estate of RoseCalifornia Supreme Court · 1887
- People ex rel. Love v. CenterCalifornia Supreme Court · 1885
- Banfield v. SchuldermanOregon Supreme Court · 1931
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