Stearus v. Aguirre
California Supreme Court
Appeal from the District Court of the First Judicial District, County of Solano. The appellant instituted his suit upon a joint and several note of Aguirre and Arguello.
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Appeal from the District Court of the First Judicial District, County of Solano. The appellant instituted his suit upon a joint and several note of Aguirre and Arguello. Summons was issued to the county of San Diego, where it was served on Aguirre July 6, and on Arguello July 8, 1854. Arguello not answering, on the second of August, 1854, his default was entered, and on the following day, without the authority or direction of the Court, the clerk entered up what purported to be a final judgment against the said Arguello. Aguirre answered to the complaint, to which plaintiff demurred; and on…
1Opinion of the CourtMurray, C. J.
The first proposition that arises in this case, is whether the last opinion of this Court, reversing the cause, is a final bar to any further proceedings therein.
Under the statute of this State, the Supreme Court is authorized to affirm, reverse, modify, or render such judgment in the premises as it may deem proper. The general practice of the Court has been to “reverse,” which is supposed to determine the whole merits of the controversy, or “reverse and remand the cause for further proceedings.” The opinion of the Court thus filed is, in general, the basis of the judgment, which is entered…
2Cited by44 opinions
- Sieber v. FrinkSupreme Court of Colorado · 1883
- Gospel Army v. Los AngelesSupreme Court of the United States · 1947
- Farrar v. SteenberghCalifornia Supreme Court · 1916
- Reinhart v. LugoCalifornia Supreme Court · 1890
- Maroney v. TannehillSupreme Court of Oklahoma · 1923
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