Grim v. Norris
California Supreme Court
Appeal from the Sixth District. Suit to recover $3,850. The complaint contains nine ordinary assumpsit counts, for work, labor and services, and money paid, laid out and expended by A. Keefer for defendant—the amount being assigned by Keefer to plaintiff.
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Appeal from the Sixth District. Suit to recover $3,850. The complaint contains nine ordinary assumpsit counts, for work, labor and services, and money paid, laid out and expended by A. Keefer for defendant—the amount being assigned by Keefer to plaintiff. The work and labor counts were for taking charge of and protecting from trespassers the timber on a ranch owned by defendant, building fences and bridges, constructing roads leading to a toll bridge, cutting and stacking hay, etc. The counts for money paid, etc., were: one for purchasing a yoke of oxen, and another general count. The answer…
1Opinion of the CourtCope, J.
Baldwin, J. concurring.
This case was tried by a referee, and upon his report a judgment was entered for the plaintiff. The order of reference was made without the consent and against the objection of the defendant. The action is an ordinary suit at law for the recovery of a debt, and in such cases the parties are entitled to a trial by jury, if they desire it. The ground of the reference was, that a trial of the case would require the examination of a long account; and the Court acted no doubt upon the supposition that the statute afforded the requisite authority for the order. But the…
2Cited by12 opinions
- Woods v. VarnumCalifornia Supreme Court · 1890
- Cline v. Superior Court of Los Angeles CountyCalifornia Supreme Court · 1920
- Joshua Hendy Machine Works v. Pacific Cable Construction Co.California Supreme Court · 1893
- Fredendall v. ShraderCalifornia Court of Appeal · 1920
- Tietzel v. Southwestern Const. Co.New Mexico Supreme Court · 1939
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