Whalen v. Smith
California Supreme Court
APPLICATION for a Writ of Mandate directed to Prank H. Smith, Judge of the Superior Court of San Joaquin County. The facts are stated in the opinion of the court.
1DissentHenshaw, J.
I dissent. The power of this court to reverse the whole of a judgment when a part only has been appealed from is conceded by the prevailing opinion to exist.
The judgment delivered by this court in Whalen v. Webster, 159 Cal. 260, [113 Pac. 373], is in the following language: “The judgment is reversed.” Language so plain and so free from ambiguity neither requires explanation nor permits construction. It either means what it says or it means nothing. It follows, therefore (the power of the court so to do being conceded), that this court deliberately reversed not a part but the whole of the…
2Cases cited4 opinions
- Cowdery v. London Etc. BankCalifornia Supreme Court · 1903
- Falkner v. HendyCalifornia Supreme Court · 1895
- Glassell v. HansenCalifornia Supreme Court · 1906
- Whalen v. WebsterCalifornia Supreme Court · 1911