McCourtney v. Fortune
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. This was an action of ejectment for a lot in the City and County of San Francisco. On December 17th, 1869, findings were filed and judgment ordered to be entered in favor of defendant Coleman. A few days afterwards, plaintiffs moved on the same findings for judgment the other way; and on December 29th, 1869, the former judgment was vacated and judgment for plaintiffs rendered.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. This was an action of ejectment for a lot in the City and County of San Francisco. On December 17th, 1869, findings were filed and judgment ordered to be entered in favor of defendant Coleman. A few days afterwards, plaintiffs moved on the same findings for judgment the other way; and on December 29th, 1869, the former judgment was vacated and judgment for plaintiffs rendered. On July 9th, 1870, defendants’ motion to vacate the latter judgment was vacated, and on July twelfth judgment for…
1Opinion of the Court
By the Court, Wallace, J.:
Findings were filed and judgment for the defendant rendered (though not recorded or entered in form by the Clerk) on the 17th day of December, 1869.
On the 29th day of December, 1869, upon motion of plaintiff, this judgment was vacated and set aside, and judgment was rendered for the plaintiff (but not recorded or entered in form by the Clerk).
On the 9th day of July, 1870, a motion made by the defendant to set aside the judgment rendered on the twenty-ninth of December, coming on to-be heard, was denied, and on July 12th, 1870, under the direction of the Court then…
2Cited by13 opinions
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- Ponce ex rel. Monzón González v. F. Badrena e Hijos, Inc.Supreme Court of Puerto Rico · 1952
- White v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1906
- Maitia v. Allied L. & L. S. Co.Nevada Supreme Court · 1926
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