Legal Opinion

Dore v. Covey

California Supreme Court

Decided July 1, 1859PublishedCited by 13 opinions

Appeal from the Sixth District. Action by plaintiffs against the defendants upon an undertaking executed by them, on an appeal to the Supreme Court, in the suit of M. Dore & Co. v. J. R. Hardenbergh. For the undertaking, see opinion of Court. The appeal in that case was duly prosecuted, and the judgment affirmed, with ten per cent, damages. Demurrers were interposed, and being overruled, answers were filed.

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Appeal from the Sixth District. Action by plaintiffs against the defendants upon an undertaking executed by them, on an appeal to the Supreme Court, in the suit of M. Dore & Co. v. J. R. Hardenbergh. For the undertaking, see opinion of Court. The appeal in that case was duly prosecuted, and the judgment affirmed, with ten per cent, damages. Demurrers were interposed, and being overruled, answers were filed. On the trial, the Court below ruled out the undertaking, as evidence for plaintiff, except for three hundred dollars, for reasons which appear in the opinion of this Court. Plaintiff…

1Opinion of the CourtBaldwin, J.

Terry, C. J. concurring.

Suit was brought by the plaintiffs below, Appellants here, upon the following instrument; and, upon a proper construction of its terms, the appeal depends. The paper is in these words:

“State of California, County of Sacramento.

In the District Court, Sixth Judicial District.

M. Dore & Co. plaintiffs, v. J. R. Hardenbergh, defendant: Whereas, on the twenty-sixth day of March, 1857, judgment was rendered in the above entitled cause, in favor of said plaintiffs, for the sum of three thousand four hundred and fifty-four dollars and fifty cents, and the sum of thirty-five…

2Cases cited3 opinions

  1. Ex parte FultonNew York Supreme Court · 1827
  2. Swain v. GravesCalifornia Supreme Court · 1857
  3. Ex parte ChryslinNew York Supreme Court · 1825

3Cited by13 opinions

  1. Murdock v. BrooksCalifornia Supreme Court · 1869
  2. Merritt v. J. A. Stafford Co.California Supreme Court · 1968
  3. Chapin & Mastick v. BroderCalifornia Supreme Court · 1860
  4. Bennett v. Superior CourtCalifornia Supreme Court · 1896
  5. Coughran v. SundbackSouth Dakota Supreme Court · 1900

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