Legal Opinion

Merritt v. Wilcox

California Supreme Court

Decided July 1, 1877No. 4691PublishedCited by 18 opinions

Appeal from the District Court, Third Judicial District, County of Alameda. The facts are stated in the opinion.

1Opinion of the Court

The alleged stipulation should have been by agreement 'filed with the Clerk. (Code of Civil Procedure, sec. 283, and Borkheim v. North British & M. Ins. Go. 38 Cal. 628.)

Geo. A. Nourse, for the Eespondcnt.

Sec. 283 of the Code of Civil Procedure has no application to a stipulation made in open Court, in facie curiae. (Staples v. Parker, 41 Barb. S. C. Rep. 650.)

J. P. Hoge, also for Eespondent.

By the Court, Wallace, C. J.:

The plaintiff, and the defendant, being tenants in common of certain premises in the City of Oakland, agreed with each other to erect a building thereon—each of them to pay…

2Cases cited2 opinions

  1. Borkheim v. North British & Mercantile Insurance Co.California Supreme Court · 1869
  2. Davis v. RobinsonCalifornia Supreme Court · 1858

3Cited by18 opinions

  1. Linsk v. LinskCalifornia Supreme Court · 1969
  2. Price v. McComishCalifornia Court of Appeal · 1937
  3. Fresno City High School District v. DillonCalifornia Court of Appeal · 1939
  4. Haley v. Eureka County BankNevada Supreme Court · 1889
  5. Cathcart v. GregoryCalifornia Court of Appeal · 1941

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