Le Roy v. Rogers
California Supreme Court
Appeal from, the District Court, Fourth Judicial District, City and County of San Francisco. This was an action to recover possession of a lot on Battery street, San Francisco, commenced on the 27th day of August, 1864. The judgment in Rogers v. Saggin, referred to in the opinion, was not pleaded, but was offered in evidence. * The defendant recovered judgment in the Court below, and plaintiff appealed from an order denying a new trial.
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Appeal from, the District Court, Fourth Judicial District, City and County of San Francisco. This was an action to recover possession of a lot on Battery street, San Francisco, commenced on the 27th day of August, 1864. The judgment in Rogers v. Saggin, referred to in the opinion, was not pleaded, but was offered in evidence. * The defendant recovered judgment in the Court below, and plaintiff appealed from an order denying a new trial. The finding of facts consisted of twenty-five separate findings. The plaintiffs, in their assignment of errors on motion for a new trial, allege as error that…
1Opinion of the Court
By the Court, Rhodes, J.:
The only question in the case, is whether the plaintiffs are barred of a recovery of the possession of the premises, by the Statute of Limitations. The plaintiffs, in the statement on their motion for a new trial,' among other grounds, specify certain particulars in which the finding is against the evidence, and the case depends upon a solution of the questions involved in those grounds. It is proper that we should say, that it is a very plain and simple matter for the party moving for a new trial upon grounds of that character, to specify each particular finding of…
2Cases cited2 opinions
- Tevis v. EllisCalifornia Supreme Court · 1864
- Haggin v. ClarkCalifornia Supreme Court · 1865
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- Parker v. MetzgerOregon Supreme Court · 1885
- Hamilton v. Spokane & Palouse RailroadIdaho Supreme Court · 1891
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