Wingate v. Ferris
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Alameda. The plaintiff averred in his complaint that, on the 12th day of January, 1872, he owned the steamer Express, worth $10,000, and that it had been seized by the marshal under a process from the District Court of the United States, issued by virtue of a decree in equity for about $300, and was about to be sold to satisfy the decree, and that, at his request, the defendant agreed, as his agent, to attend…
Read the full summary
Appeal from the District Court, Third Judicial District, County of Alameda. The plaintiff averred in his complaint that, on the 12th day of January, 1872, he owned the steamer Express, worth $10,000, and that it had been seized by the marshal under a process from the District Court of the United States, issued by virtue of a decree in equity for about $300, and was about to be sold to satisfy the decree, and that, at his request, the defendant agreed, as his agent, to attend the sale and bid in the property, and pay for it and hold it in trust for the plaintiff, and allow the plaintiff to…
1Opinion of the Court
By the Court, McKinstry, J.:
The complaint contains a statement of a cause of action such as would entitle the plaintiff to equitable relief.
*108We entertain no doubt that the District Court had power to set aside the general verdict and the judgment entered thereon. As the cause was one of equity cognizance, the facts should have been found by the court, or specially by a jury, under an order of the court. The order vacating the verdict and judgment was proper, but we can see no reason why the testimony should be retaken.
That portion of the order appealed from which directs a new trial, reversed;…
2Cited by10 opinions
- Warring v. FreearCalifornia Supreme Court · 1883
- Prondzinski v. GarbuttNorth Dakota Supreme Court · 1898
- Jasper v. HazenNorth Dakota Supreme Court · 1890
- Lynch v. CoviglioUtah Supreme Court · 1898
- Security State Bank v. KramerNorth Dakota Supreme Court · 1924
5 more not listed; retrieve them via the Exa API.