Pierson v. McCahill
California Supreme Court
Appeal from the Fifth Judicial District. This case was before the Supreme Court at the October Term, 1862, and a report of the proceedings on that appeal will be found in 21 Cal. 122, showing the nature of the action, the character of the pleadings, and the grounds upon which a new trial was ordered.
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Appeal from the Fifth Judicial District. This case was before the Supreme Court at the October Term, 1862, and a report of the proceedings on that appeal will be found in 21 Cal. 122, showing the nature of the action, the character of the pleadings, and the grounds upon which a new trial was ordered. On the filing of the remittitur, defendant moved for leave to file an amended answer, in which, in addition to the facts set forth in the original, he averred that the actual verbal agreement between him and his creditors, embraced a stipulation on their part that the reception of fifty cents on…
1Opinion of the CourtCrocker, J.
This action was brought to enforce a contract, in the District Court of the Twelfth Judicial District, in the City and County of San Francisco, and the defendant being a resident of the County of San Joaquin, the action was removed for trial to the District Court of that county on his application. A trial was had in the latter Court and a judgment rendered for the defendant, from which an appeal was taken, and this Court reversed the judgment and ordered a new trial. Upon the return of the case the defendant moved the Court below, upon affidavit and notice, for leave to amend his answer by…
2Cases cited1 opinion
- Loehr v. LathamCalifornia Supreme Court · 1860
3Cited by14 opinions
- Cook v. PendergastCalifornia Supreme Court · 1882
- Farmers' Natl. Gold Bank v. StoverCalifornia Supreme Court · 1882
- Stocks v. StocksNevada Supreme Court · 1947
- Burns v. ScooffyCalifornia Supreme Court · 1893
- Sweet v. HamilothorisCalifornia Court of Appeal · 1927
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