Legal Opinion

Kahn v. Wilson

California Supreme Court

Decided April 28, 1898No. Sac. No. 308PublishedCited by 31 opinions

APPEAL from an order of the Superior Court of Stanislaus County granting a new trial. William 0. Minor, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtMcFARLAND, J.

This action was brought to foreclose two certain mortgages. The court below rendered judgment in favor of plaintiff, foreclosing one of the mortgages, and directed that the action abate as to the other mortgage. Hpon motion of the plaintiff the court granted a new trial, and from the order granting a new trial the defendant appealed.

There appears in the transcript a “bill of exceptions on motion for a new trial”; to this there is attached an acknowledgment of service by the counsel for defendant in these words: “Service of above proposed bill of exceptions and motion for a new trial herein in…

2Cases cited4 opinions

  1. Scott v. WoodCalifornia Supreme Court · 1889
  2. Pico v. CohnCalifornia Supreme Court · 1889
  3. Southern Pacific Railroad v. Superior Court of San FranciscoCalifornia Supreme Court · 1894
  4. Gage v. DowneyCalifornia Supreme Court · 1889

3Cited by31 opinions

  1. Paterno v. StateCalifornia Court of Appeal · 1999
  2. Reichardt v. HoffmanCalifornia Court of Appeal · 1997
  3. Varjabedian v. City of MaderaCalifornia Supreme Court · 1977
  4. Opdyk v. California Horse Racing BoardCalifornia Court of Appeal · 1995
  5. Krumme v. Mercury InsuranceCalifornia Court of Appeal · 2004

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