Paige v. O'Neal
California Supreme Court
Appeal from the Fifth District, County of San Joaquin. This was an action to recover a lot of wheat alleged to have been wrongfully taken by the defendant. The complaint prays judgment for the possession of the wheat, and also judgment for special damages occasioned by the wrongful taking and subsequent detention. The answer of the defendant justifies the taking by virtue of a judgment and execution in favor of Samuel Fisher and against E. 0. Kelty and Gr. 0. Reynolds.
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Appeal from the Fifth District, County of San Joaquin. This was an action to recover a lot of wheat alleged to have been wrongfully taken by the defendant. The complaint prays judgment for the possession of the wheat, and also judgment for special damages occasioned by the wrongful taking and subsequent detention. The answer of the defendant justifies the taking by virtue of a judgment and execution in favor of Samuel Fisher and against E. 0. Kelty and Gr. 0. Reynolds. Kelty & Reynolds were the original owners of the wheat, and sold the same to Alonzo McCloud, who, previous to the levy, sold…
1Opinion of the CourtField, J.
The instructions filed by the defendant cannot be the subject of consideration. They are not embodied in any statement or bill of exceptions, and are neither certified to by the Judge, or signed by him, and thus want the authentication essential to constitute any portion of the record. The case must, therefore, be determined upon the sufficiency of the errors alleged, in disallowing the challenges for cause to three of the jurors called; in the delivery by the jury of their sealed verdict to the Coroner, and their subsequent separation; in the entry of the verdict without calling the names of…
2Cases cited5 opinions
- Root v. FrenchNew York Supreme Court · 1835
- Dexter v. HarrisU.S. Circuit Court for the District of Rhode Island · 1822
- Ledley v. HaysCalifornia Supreme Court · 1850
- Daumiel v. GorhamCalifornia Supreme Court · 1856
- Acker v. CampbellNew York Supreme Court · 1840
3Cited by24 opinions
- Johnson v. NorfolkSouth Dakota Supreme Court · 1957
- Fisher v. KellyOregon Supreme Court · 1896
- Havird v. LungIdaho Supreme Court · 1911
- Faye v. FeldmanCalifornia Court of Appeal · 1954
- Georgeson v. SteinhoferCalifornia Supreme Court · 1922
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