Barnhart v. Fulkerth

This is an appeal by plaintiff from an order denying him a new trial. He had also taken an appeal from the judgment, and on that appeal the judgment was by this court affirmed. (90 Cal. 157.) There had also been an earlier judgment in the trial court in favor of plaintiff; and on appeal by defendant from that judgment, and from an order denying a new trial, it was reversed and a new trial ordered. (Barnhart V. Fulkerth, 73 Cal. 526.) Upon those two appeals the main questions in the case were decided against the contention of plaintiff. In the last appeal from the judgment, it was definitely…