Parker v. Altschul
California Supreme Court
Appeal by defendant Elizabeth McGrath from a judgment for the plaintiff in the Fourth District Court of the City and County of San Francisco. Morrison, J. A petition for hearing in bank was filed in this case after judgment and denied.
1Opinion of the Court
The Court:
The decree recites that the action was dismissed as to some of the defendants. If any of the other defendants had objected to such dismissal, it would seem upon the authority of Clark v. Porter, 53 Cal. 409; Diggins v. Reay, 54 Cal. 525; Harney v. Applegate, 57 Cal. 205; Tobleman v. Roper, 7 P. C. L. J. 561, that the objection would have been well taken. But for anything appearing to the contrary such dismissal may have been consented to by the appellant.
All presumptions are in favor of the correctness of the proceedings of courts of general jurisdiction, and as the consent of the…
2Cases cited3 opinions
- Clark v. PorterCalifornia Supreme Court · 1879
- Diggins v. ReayCalifornia Supreme Court · 1880
- Harney v. AppelgateCalifornia Supreme Court · 1881
3Cited by10 opinions
- Schmidt v. Oregon Gold Mining Co.Oregon Supreme Court · 1895
- Kelly v. LiddicoatCalifornia Court of Appeal · 1939
- Galvin v. PalmerCalifornia Supreme Court · 1901
- Paige v. RoedingCalifornia Supreme Court · 1892
- Von Schmidt v. Von SchmidtCalifornia Supreme Court · 1894
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