Legal Opinion

Summerville v. Stockton Milling Co.

California Supreme Court

Decided March 16, 1904No. Sac. No. 1021PublishedCited by 42 opinions

APPEALS by plaintiff and cross-complainant from a judgment of the Superior Court of San Joaquin County, and from separate orders denying a new trial to each. Edward I. Jones, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtShaw, J.

The complaint states a cause of action to recover possession of some 2,509 centals of wheat, in the warehouse of the Stockton Milling Company, or the value thereof in case delivery cannot be had. The defendants other than Hersom, trustee, answered, admitting that the wheat was in the warehouse of the Stockton Milling Company, and denying the other allegations of the complaint. The defendant Hersom answered separately, denying that plaintiff was the owner of, or entitled to the possession of, the wheat; admitting that he took possession of the wheat, but denying that he did so wrongfully. His…

2Cases cited32 opinions

  1. Bagley v. WardCalifornia Supreme Court · 1869
  2. Blood v. LightCalifornia Supreme Court · 1869
  3. Holliday v. McKinneSupreme Court of Florida · 1886
  4. Jeffers v. Easton, Eldridge & Co.California Supreme Court · 1896
  5. Stockton Savings & Loan Society v. PurvisCalifornia Supreme Court · 1896

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3Cited by42 opinions

  1. Callahan v. MartinCalifornia Supreme Court · 1935
  2. Dabney v. EdwardsCalifornia Supreme Court · 1935
  3. Los Angeles Gas & Electric Co. v. County of Los AngelesCalifornia Supreme Court · 1912
  4. Wendling Lumber Co. v. Glenwood Lumber Co.California Supreme Court · 1908
  5. State Ex Rel. Smith v. SmithOregon Supreme Court · 1953

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