Ferrer v. Home Mutual Insurance
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of San Diego. ■ Action on two policies of insurance issued by the- defendant to the plaintiff, one for $1,150, covering the billiard table, bar-room furniture and fixtures, and mirror of the plaintiff, in his saloon in San Diego, and running for one ■year from July 12th, 1869; and the other for $2,800, covering the frame saloon building, and running for one year from February 1st, 1870. The property was…
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Appeal from the District Court, Seventeenth Judicial District, County of San Diego. ■ Action on two policies of insurance issued by the- defendant to the plaintiff, one for $1,150, covering the billiard table, bar-room furniture and fixtures, and mirror of the plaintiff, in his saloon in San Diego, and running for one ■year from July 12th, 1869; and the other for $2,800, covering the frame saloon building, and running for one year from February 1st, 1870. The property was destroyed by fire May 12th, 1870. The action was commenced July 22d, 1870. The complaint, after averring the making of the…
1Opinion of the Court
By the Court, Crockett, J.:
The statement filed by the defendant, whether treated as a statement on motion for a new trial, or on appeal, must be disregarded. It does not contain the specifications required by section 195 of the code, of the particulars wherein the evidence was insufficient to justify the decision and judgment, nor of the errors in law occurring at the trial and excepted to by the defendant, nor does it specify the particular errors or grounds upon which the defendant intends to roly on the appeal, as required by sec. 338.
We have repeatedly decided that without these…
2Cases cited5 opinions
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Schellhous v. BallCalifornia Supreme Court · 1866
- Delmas v. MartinCalifornia Supreme Court · 1870
- Garwood v. HastingsCalifornia Supreme Court · 1869
- People v. AndersonCalifornia Supreme Court · 1870
3Cited by25 opinions
- Blasingame v. Home Ins. Co. of City of N.Y.California Supreme Court · 1888
- Kauffman v. De MutiisCalifornia Supreme Court · 1948
- Heeser v. MillerCalifornia Supreme Court · 1888
- Turner v. WhiteCalifornia Supreme Court · 1887
- Ætna Insurance v. KittlesIndiana Supreme Court · 1881
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