Higgins v. Mahoney
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Action for the partition of the rancho Laguna de Merced, lying partly in the city and county of San Francisco, and partly in the county of San Mateo. The action was commenced in 1868. There were a large number of defendants, who were alleged to own interests in the rancho. Among the defendants were E. Grisar and Daniel Green, who alone answered.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Action for the partition of the rancho Laguna de Merced, lying partly in the city and county of San Francisco, and partly in the county of San Mateo. The action was commenced in 1868. There were a large number of defendants, who were alleged to own interests in the rancho. Among the defendants were E. Grisar and Daniel Green, who alone answered. It does not appear that summons had been served on any of the defendants. One of the defendants, Josefa de Haro Denniston, moved the court for leave to make…
1Opinion of the Court
By the Court, Wallace, C. J.:
J. The judgment dismissing the action was entered April 22, 1873. No bill of exceptions was presented to the judge of the court below at that time, as provided by section 649 of the Code of Civil Procedure, nor within thirty days thereafter, as provided by section 650.
The bill of exceptions in support of the appeal from the judgment was presented and settled June 2, 1873—some of the respondents “objecting on the ground that the same is presented too late.” We cannot, in view of this objection, consider the exceptions set forth in the bill of exceptions.
The right…
2Cited by12 opinions
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- Westbay v. GrayCalifornia Supreme Court · 1897
- Johnson v. Northern Pacific RailroadNorth Dakota Supreme Court · 1890
- Henry v. MerguireCalifornia Supreme Court · 1895
- Kruger v. MerguireCalifornia Supreme Court · 1900
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