McCloud v. O'Neall
California Supreme Court
Appeal from the Fifth District. Suit for the seizure and detention of a lot of barley. Plaintiff claimed ownership of the barley by purchase, by writing under seal from Kelty and Reynolds, and defendant justified, as Sheriff, under an execution on a judgment against them in favor of one Fisher. The main question on the trial was, as to fraud in the sale from Kelty and Reynolds to plaintiff.
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Appeal from the Fifth District. Suit for the seizure and detention of a lot of barley. Plaintiff claimed ownership of the barley by purchase, by writing under seal from Kelty and Reynolds, and defendant justified, as Sheriff, under an execution on a judgment against them in favor of one Fisher. The main question on the trial was, as to fraud in the sale from Kelty and Reynolds to plaintiff. K. and R. testified as witnesses for defendant, plaintiff objecting on the ground of interest, and that they could not impeach their own deed. Verdict for plaintiff. Defendant moved for new trial, on the…
1Opinion of the Court
Cope, J. delivered the following opinion:
This is an appeal from an order granting a new trial; and it is admitted that if all the evidence in the case was properly before the jury, this order cannot be disturbed. We think that no question can be raised upon this subject; and that the Court, in passing upon the motion for a new trial, could not properly have disregarded any portion of the evidence upon which the jury acted, in making up their verdict. The jury were bound to consider all the evidence before them; and the question for the Court was, whether, upon this evidence, they had arrived…
2Cited by11 opinions
- Mercantile Trust Co. v. Sunset Road Oil Co.California Supreme Court · 1917
- Jolley v. FoltzCalifornia Supreme Court · 1867
- Rhoda v. County of AlamedaCalifornia Court of Appeal · 1933
- Smith v. BusniewskiCalifornia Court of Appeal · 1952
- Ideal Bakery v. SchryverWyoming Supreme Court · 1931
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