Quinn v. Smith
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, County of Placer. In October, 1870, the defendants recovered a judgment before Clydesdate, a Justice of the Peace, against the plaintiff here, for $250 damages, and $13 41 cost. The plaintiff appealed to the County Court. The County Court reversed the judgment and rendered a judgment against the defendants here, for $19 60 costs.
Read the full summary
Appeal from the District Court, Fourteenth Judicial District, County of Placer. In October, 1870, the defendants recovered a judgment before Clydesdate, a Justice of the Peace, against the plaintiff here, for $250 damages, and $13 41 cost. The plaintiff appealed to the County Court. The County Court reversed the judgment and rendered a judgment against the defendants here, for $19 60 costs. After the rendition of the judgment by the justice, and before it had been reversed by the County Court, the plaintiffs therein, (defendants here,) procured an execution from the justice, and, by virtue…
1Opinion of the Court
By the Court, Wallace, C. J.:
1. The answer of the defendant, in so far as it attempted to set up a counter claim, was as follows :
“ Defendants, for further and separate defense herein, aver that plaintiff ought not to have the sum sued for, or any other sum of money from them, for they aver that plaintiff is, and was, at-and before the commencement of this suit, largely and justly indebted to defendants in this suit, much more than the sum sued for, to wit: the sum of twenty-eight hundred dollars.”
The demurrer of the plaintiff to this part of the answer was properly sustained. A counter claim…
2Cited by4 opinions
- Grand Central Public Market, Inc. v. United StatesDistrict Court, S.D. California · 1938
- Caldwell v. WellsIdaho Supreme Court · 1909
- Clay v. CarrollCalifornia Supreme Court · 1885
- Haberly v. HaberlyCalifornia Court of Appeal · 1915