Legal Opinion

Francoeur v. Newhouse

U.S. Circuit Court for the District of Northern California

Decided August 6, 1890PublishedCited by 15 opinions

At Law. . This is the same case, the decision in which — on demurrer — is reported in 40- Fed. Rep. 618, where the facts alleged in the complaint are stated.

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At Law. . This is the same case, the decision in which — on demurrer — is reported in 40- Fed. Rep. 618, where the facts alleged in the complaint are stated. Some three months before the commencement of the suit, for a consideration equal to the government price of agricultural land, the Central Pacific Railroad Company executed a quitclaim deed to plain-tifif in which they “ do remise, release, and quitclaim to the said G. H. Francoeur, his heirs, and assigns, all the right, title and interest that the said company, or’the said trustees now have, or may hereafter acquire from the…

1Opinion of the Court

Sawyer, J.,

(orally charging jury.) I announce to you that I have prepared some special issues in addition to the general verdict, upon which I desire you to find. It may save future litigation. I will read them to you so that you will be prepared to appreciate what I have to say upon these points. The first is — “We the jury in the above-entitled case find for the” — plaintiff or defendant, whichever it turns out to be. You will write in either “plaintiff” or “defendant,” according as you find on all the issues in the case.

SPECIAL ISSUES.

The next one is: (1) Was the land in question known to…

2Cases cited2 opinions

  1. Hayes v. MartinCalifornia Supreme Court · 1873
  2. McManus v. O'SullivanCalifornia Supreme Court · 1874

3Cited by15 opinions

  1. Smith v. JonesTexas Supreme Court · 1910
  2. Smith v. JonesTexas Supreme Court · 1910
  3. State v. SturtevantWashington Supreme Court · 1913
  4. Altschul v. O'NeillOregon Supreme Court · 1899
  5. Boe v. ArnoldOregon Supreme Court · 1909

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