Legal Opinion

Dooly v. Norton

California Supreme Court

Decided July 1, 1871No. 2,675PublishedCited by 13 opinions

Appeal from the District Court of the Fifth Judicial District, San Joaquin County. The facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Sprague, J.:

The judgment was rendered February 21st, 1870; and on the twenty-third of the same month the plaintiff filed his memorandum of costs, etc. At the next term of the Court, defendant Norton moved that the costs be retaxed. The motion was dismissed on the ground that the Court had no jurisdiction of the motion, as the judgment had been entered at a former term of the Court. The defendant appeals from the judgment and the order dismissing the motion.

Had the order dismissing the motion been made before the rendition of the judgment, it might have been reviewed under an…

2Cases cited2 opinions

  1. Farwell v. JacksonCalifornia Supreme Court · 1865
  2. Lasky v. DavisCalifornia Supreme Court · 1867

3Cited by13 opinions

  1. Board of Commissioners v. McIntoshSupreme Court of Kansas · 1883
  2. Hennessy v. Superior CourtCalifornia Supreme Court · 1924
  3. Calderwood v. PeyserCalifornia Supreme Court · 1871
  4. In re EatonNorth Dakota Supreme Court · 1898
  5. Markart v. ZeimerCalifornia Court of Appeal · 1925

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