Doll v. Anderson
California Supreme Court
Appeal from the District Court, Second Judicial District, Tehama County. John P. Welsh was the owner of a stallion, and on the 18th day of February, 1862, he contracted in writing with the plaintiff, to deliver him the horse for one year from that date.
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Appeal from the District Court, Second Judicial District, Tehama County. John P. Welsh was the owner of a stallion, and on the 18th day of February, 1862, he contracted in writing with the plaintiff, to deliver him the horse for one year from that date. The defendant was to. pay him one thousand dollars for the use of the horse for the year, and Welsh reserved the right to have the horse cover ten mares, to be brought to such place as the plaintiff might stand him in the State of California; provided, that no mares in Tehama County, or any county adjoining thereto, other than those owned by…
1Opinion of the Court
By the Court, Rhodes, J.
Upon the calling of this cause for trial the defendant demanded a jury, and the plaintiff objected to a trial by a jury on the ground that the defendant had waived a jury by failing to file a notice that a jury would be required six days before the commencement of the term. The Court overruled the objection and the plaintiff excepted. That decision is now assigned .as error.
It is provided by section twenty-three of the Act of 1863, concerning grand and trial jurors, that “ a jury shall be deemed waived unless the parties, or one of them, to the action or proceeding,…
2Cited by13 opinions
- Byram v. Superior Ct. of Sacramento Cty.California Court of Appeal · 1977
- Hill v. PeresCalifornia Court of Appeal · 1934
- Cowlin v. PringleCalifornia Court of Appeal · 1941
- Johnson v. Western Air Express Corp.California Court of Appeal · 1941
- Spaulding v. CameronCalifornia Court of Appeal · 1954
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