Legal Opinion

Von Schmidt v. Von Schmidt

California Supreme Court

Decided November 27, 1894No. 15574PublishedCited by 15 opinions

Appeal from a judgment of the Superior Court of the City and County of San Francisco. The facts are stated in the opinion. The second judgment is void, as there cannot be two such judgments in one action, and the entry of the second judgment did not vacate the former one. (Nuck-olls v. Irwin, 2 Neb. 60, 65; Freeman on Judgments, sec. 104 a.) An appeal lies from a void judgment.

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Appeal from a judgment of the Superior Court of the City and County of San Francisco. The facts are stated in the opinion. The second judgment is void, as there cannot be two such judgments in one action, and the entry of the second judgment did not vacate the former one. (Nuck-olls v. Irwin, 2 Neb. 60, 65; Freeman on Judgments, sec. 104 a.) An appeal lies from a void judgment. (Hayne on New Trial and Appeal, sec. 187; Bond v. Pacheco, 30 Cal. 533; People v. Green, 74 Cal. 400; 5 Am. St. Rep. 448; People v. Pearson, 76 Cal. 400; Carpenter v. Superior Court, 75 Cal. 598.) Where there are two…

1Opinion of the Court

Searls, C.

This is an action to establish the interest of plaintiff in certain patented inventions, the patents for which inventions issued to the defendant; to have defendant decreed to be a trustee of plaintiff, and to have him account to plaintiff for the profits arising therefrom.

A final judgment was rendered in favor of defendant September 10, 1892, from which plaintiff appeals.

The cause comes up on the judgment-roll without any statement or bill of exceptions.

The point made on behalf of appellant is that there are two judgments in the case, the latter of which (being the one from which…

2Cases cited4 opinions

  1. Caruthers v. HensleyCalifornia Supreme Court · 1891
  2. Paige v. RoedingCalifornia Supreme Court · 1892
  3. Brown v. JohnsonCalifornia Supreme Court · 1872
  4. Parker v. AltschulCalifornia Supreme Court · 1882

3Cited by15 opinions

  1. Phelan v. Superior CourtCalifornia Supreme Court · 1950
  2. Kelly v. LiddicoatCalifornia Court of Appeal · 1939
  3. Rooney v. Gray Bros.California Supreme Court · 1905
  4. Galvin v. PalmerCalifornia Supreme Court · 1901
  5. Haese v. HeitzegCalifornia Supreme Court · 1911

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