Riddle v. Baker
California Supreme Court
Appeal from the Fourth District. The facts are sufficiently stated in the opinion. The bill was filed by Bartol, Biddle & Eaton, against Baker, Lockwood, Baldwin & Jenkins. Subsequently, by consent, others were made parties as having some interest in- the decree sought to be set aside. Bill prayed an injunction against enforcing the judgment in Baker v. Riddle, and new trial in Baker v. Bartol.
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Appeal from the Fourth District. The facts are sufficiently stated in the opinion. The bill was filed by Bartol, Biddle & Eaton, against Baker, Lockwood, Baldwin & Jenkins. Subsequently, by consent, others were made parties as having some interest in- the decree sought to be set aside. Bill prayed an injunction against enforcing the judgment in Baker v. Riddle, and new trial in Baker v. Bartol. Baker demurred, for want of facts to constitute a cause of action, and that the Court had no jurisdiction of the subject of the action. Subsequently he answered, denying the allegations of fraud, etc.…
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
A preliminary motion is made by Respondent to dismiss this appeal. The ground is, that the order appealed from is not a final judgment or order, disposing of the merits of the case, but is only a rehearing in equity, which is not appealable matter, *302A decree, final in form and effect, was entered for the Appellants on the coming in of the referee’s report; and this decree was, on motion of the Respondents, set aside. The effect of this order was to give the Respondents a new trial. There is no substantial difference between a rehearing in an equity case which opens a…
2Cases cited2 opinions
- Baker v. BartolCalifornia Supreme Court · 1857
- Baker v. BartolCalifornia Supreme Court · 1856
3Cited by23 opinions
- Brown v. County of Buena VistaSupreme Court of the United States · 1877
- State v. NutterWest Virginia Supreme Court · 1898
- Wilson v. WilsonCalifornia Court of Appeal · 1942
- Bell v. ThompsonCalifornia Supreme Court · 1905
- Smith v. SimsSupreme Court of Missouri · 1883
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