Judson v. Love
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was-an action of ejectment to recover a tract of land in the City and County of San Francisco. The several defendants made separate defenses to the action and by different attorneys. In the Court below judgment passed in favor of all the defendants.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was-an action of ejectment to recover a tract of land in the City and County of San Francisco. The several defendants made separate defenses to the action and by different attorneys. In the Court below judgment passed in favor of all the defendants. The plaintiffs moved for a new trial, which was refused, and thereupon appealed from both the judgment and the order denying a new trial. Upon suggestion made by appellants in this Court of a diminution of record, a writ of certiorari was issued to the…
1Opinion of the Court
By the Court, Sawyer, C. J.:
A motion is made to dismiss the appeal as to the defendant Love, based, firstly, upon exceptions to the transcript; and, secondly, upon affidavits filed, showing that defendant, Love, died on the 5th of March, 1866, after the rendition of the verdict in the Court below, and before any notice of inten-. tion to move for a new trial was given, on the ground that all subsequent proceedings on motion for new trial, and the attempt to appeal, are void and ineffectual for any purpose as to said defendant, Love, and his successors in interest, for want of any proper party…
2Cases cited1 opinion
- Sanchez v. RoachCalifornia Supreme Court · 1855
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