Payne & Dewey v. Treadwell
California Supreme Court
Appeal from the Twelfth District. Ejectment for a lot in San Francisco. Plaintiffs had verdict and judgment, with $2,250 damages.
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Appeal from the Twelfth District. Ejectment for a lot in San Francisco. Plaintiffs had verdict and judgment, with $2,250 damages. On the trial, defendants produced the record and proceedings in the equity case of Treadwell v. Payne & Dewey, (15 Cal.) containing a statement on motion for new trial, and on appeal, agreed to as correct by the attorneys of the respective parties, and purporting to contain all the evidence in that cause, and offered to read in evidence therefrom the testimony of Findla—the original grantee of the lot in suit—to show that he had sworn on that trial to certain facts…
1Opinion
On petition for rehearing, Field, C. J. delivered the opinion of the Court
Baldwin, J. concurring.
The defendants apply for a rehearing upon three grounds, which were not noticed in the opinions delivered in this case: 1st. Error in overruling the demurrer to the complaint; 2d. Error in refusing to give the twenty-fifth instruction asked as to the effect of the conveyance of Ranlet, trustee to the plaintiffs, bearing date on the twelfth of October, 1853; and 3d. That the complaint does not support the judgment for the damages recovered for any period preceding the commencement of the action.
The…
2Cases cited6 opinions
- Kiler v. KimbalCalifornia Supreme Court · 1858
- Walter v. LockwoodNew York Supreme Court · 1856
- Ensign v. ShermanNew York Supreme Court · 1857
- Payne v. TreadwellCalifornia Supreme Court · 1855
- Sanders v. LeavyNew York Supreme Court · 1858
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