McKinley v. Tuttle
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Cruz County. Plaintiffs brought suit, in the District Court of Santa Cruz County, against Guadalupe Castro, Simeon Castro, Joaquin Castro, and fifty other defendants, in ejectment. The three defendants named were regularly served and in due time by Julius Lee, Esq., who had been employed for that special and limited purpose, filed a demurrer to the plaintiffs’ complaint.
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Appeal from the District Court, Third Judicial District, Santa Cruz County. Plaintiffs brought suit, in the District Court of Santa Cruz County, against Guadalupe Castro, Simeon Castro, Joaquin Castro, and fifty other defendants, in ejectment. The three defendants named were regularly served and in due time by Julius Lee, Esq., who had been employed for that special and limited purpose, filed a demurrer to the plaintiffs’ complaint. This demurrer being overruled, thereafter an answer was filed in behalf of one of said three defendants by W. H. L. Barnes, Esq., who, at the time and long after…
1Opinion of the Court
By the Court, Sanderson, J.:
If we assume, as claimed by counsel for appellants, that Lee attended the trial as attorney for the respondents and conducted the defense on their behalf, their remedy would undoubtedly have been by motion for a new trial under section one hundred and ninety-five, and not by motion for relief from the judgment under section sixty-eight; hut to so assume is to assume the principal point in controversy. The respondents claim that they were not at the trial in person nor by counsel through a mistake, which is shown and explained by the affidavits by which they…
2Cited by13 opinions
- Barto v. Sioux City Electric Co.Supreme Court of Iowa · 1903
- Osmont v. All Persons, Etc.California Supreme Court · 1913
- Buder v. FiskeCourt of Appeals for the Eighth Circuit · 1949
- de McKinlay v. TuttleCalifornia Supreme Court · 1872
- Edlund v. Superior Court of S.F.California Supreme Court · 1930
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