Boston v. Haynes
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The plaintiffs commenced this action May 7th, 1866. In their complaint they alleged in substance : that the plaintiff Sarah was the owner in fee, as her separate property, of a lot in San Francisco, on Howard street, between Second and Third, and that she acquired the same by conveyances from John Strathearn and William Gr.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The plaintiffs commenced this action May 7th, 1866. In their complaint they alleged in substance : that the plaintiff Sarah was the owner in fee, as her separate property, of a lot in San Francisco, on Howard street, between Second and Third, and that she acquired the same by conveyances from John Strathearn and William Gr. Miller, made in 1852 and 1853, who conveyed the same' to her at the request of defendant Calderwood, who paid the purchase money and gave the lot to her; that about the same time…
1Opinion of the Court
By the Court, Sanderson, J.:
We are unable to find anything in the complaint which entitles the plaintiff to a new trial in the case of Wenborn v. Boston and Wife. On the contrary, the complaint is entirely silent as to what transpired at the trial of that case except that the trial took place in their absence. Why they were absent is not stated. It is not stated that the trial was brought on in their absence by the fraud of the plaintiff. In short, none of the grounds upon which equity will interfere and grant a new trial are stated or attempted to be stated. (Mulford v. Cohn, 18 Cal. 46;…
2Cases cited1 opinion
- Mastick v. ThorpCalifornia Supreme Court · 1866
3Cited by7 opinions
- Bradley Co. v. BradleyCalifornia Supreme Court · 1913
- Sayre v. CommonwealthCourt of Appeals of Kentucky · 1922
- State v. JonesMissouri Court of Appeals · 1882
- State v. BengeSupreme Court of Iowa · 1883
- Davis v. ChalfantCalifornia Supreme Court · 1889
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