Legal Opinion

Ralphs v. Hensler

California Supreme Court

Decided September 8, 1896No. L. A. No. 83PublishedCited by 13 opinions

Appeal from a judgment of the Superior Court of Los Angeles County and from an order denying a new trial. Waldo M. York, Judge. The main facts are stated in the opinion rendered on the former appeal, reported in 97 Cal. 296. Further facts are stated in the opinion of the court rendered on this appeal.

1Opinion of the CourtHenshaw, J.

Appeals from the judgment and from the order denying a new trial.

The nature of this action is sufficiently indicated in the opinion rendered upon the first appeal. (Ralphs v. Hensler, 97 Cal. 296.)

The second trial of the action was entered upon by the respective parties under the same pleadings which were considered upon the first appeal. Plaintiff, after making his formal proofs, introduced the power of attorney and exhibited to the court defendants’ answer. That answer was then a subsisting, operative pleading, and contained the averments and admissions which, in the opinion of this court…

2Cases cited5 opinions

  1. Mecham v. McKayCalifornia Supreme Court · 1869
  2. Ralphs v. HenslerCalifornia Supreme Court · 1893
  3. Wheeler v. WestCalifornia Supreme Court · 1886
  4. Pfister v. WadeCalifornia Supreme Court · 1886
  5. Ponce v. McElvyCalifornia Supreme Court · 1876

3Cited by13 opinions

  1. Meyer v. State Board of EqualizationCalifornia Supreme Court · 1954
  2. Pollitz v. WickershamCalifornia Supreme Court · 1907
  3. Russell v. RammCalifornia Supreme Court · 1927
  4. Miles v. WoodwardCalifornia Supreme Court · 1896
  5. State Farm Mut. Auto. Ins. Co. v. PorterCourt of Appeals for the Ninth Circuit · 1951

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