Legal Opinion

Chase v. Evoy

California Supreme Court

Decided July 1, 1881No. 7,165PublishedCited by 19 opinions

Appeal from a judgment for the plaintiff in the Third District Court, County of Alameda, McKee, J., and from an order dismissing a motion for a new trial in the Superior Court of Alameda County, Crane, J. A petition for hearing in Bank in this case was filed after judgment, and denied. The facts referred to in the opinion of the Court were pleaded both as a defense and a counterclaim.

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Appeal from a judgment for the plaintiff in the Third District Court, County of Alameda, McKee, J., and from an order dismissing a motion for a new trial in the Superior Court of Alameda County, Crane, J. A petition for hearing in Bank in this case was filed after judgment, and denied. The facts referred to in the opinion of the Court were pleaded both as a defense and a counterclaim. The argument of Appellants’ attorney is covered by their petition for rehearing, and is therefore omitted.

1Opinion of the Court

Sharpsteih, J.:

The appellant in her notice of appeal states that she “ appeals from the judgment rendered against her * * ® on the 1*7th day of October, 1879, and from the judgment therein made and entered up in the said Court, on the 20th day of December, 1879, in favor of the plaintiff and against her in said action * * * and also from the order * ® * made on the 6th day of February, 1880, dismissing the defendant’s motion for a new trial.”

This constitutes a notice of appeal from a judgment entered December 26th, 1879, and from an order made February 6th, 1880. We will first consider the…

2Cases cited3 opinions

  1. Hentsch v. PorterCalifornia Supreme Court · 1858
  2. Ellissen v. HalleckCalifornia Supreme Court · 1856
  3. Coleman v. WoodworthCalifornia Supreme Court · 1865

3Cited by19 opinions

  1. Bowles v. Superior CourtCalifornia Supreme Court · 1955
  2. Burke v. MaguireCalifornia Supreme Court · 1908
  3. Ward v. ClayCalifornia Supreme Court · 1890
  4. Harrison v. McCormickCalifornia Supreme Court · 1886
  5. BANKERS'MORTG. CO. OF TOPEKA, KAN. v. McCombCourt of Appeals for the Tenth Circuit · 1932

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