Legal Opinion

Carder v. Minturn

California Supreme Court

Decided April 15, 1865PublishedCited by 7 opinions

Appeal from the District Court, Seventh Judicial District, Sonoma County. The cause was tried by the Court without á jury, June 23d, 1864, and on the same day the Court filed its findings and decision. June 29th, 1864, plaintiff’s attorney served on defendants’ attorney notice of motion for a new trial and a statement.

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Appeal from the District Court, Seventh Judicial District, Sonoma County. The cause was tried by the Court without á jury, June 23d, 1864, and on the same day the Court filed its findings and decision. June 29th, 1864, plaintiff’s attorney served on defendants’ attorney notice of motion for a new trial and a statement. Afterwards, plaintiff’s attorney gave defendants’ attorney notice that on the 13th day of August,-1865, at one o’clock p. m., he would apply to the Judge at his chambers, in Petaluma, to settle the statement on motion for new trial, and would also bring on for hearing the…

1Opinion of the Court

By the Court,

Shafter, J.

Ejectment for about three acres of land situate in the City of Petaluma. The answers contain a general denial and set up the Statute of Limitations. The trial was by the Court— finding and judgment for the defendants. The plaintiff moved for a new trial—the motion was denied and the appeal is from the order of denial and from the judgment.

The plaintiff, to prove his title to the premises in controversy, gave in evidence a patent thereof issued by the State to N. L. Thompson, dated September 6th, 1860, granting the lands as swamp and overflowed. The evidence which the…

2Cases cited2 opinions

  1. Doll v. MeadorCalifornia Supreme Court · 1860
  2. People ex rel. Pixley v. StrattonCalifornia Supreme Court · 1864

3Cited by7 opinions

  1. Chabot v. TuckerCalifornia Supreme Court · 1870
  2. Rondell v. FayCalifornia Supreme Court · 1867
  3. State v. Central Pacific RailroadNevada Supreme Court · 1883
  4. Boin v. Spreckels Sugar Co.California Supreme Court · 1909
  5. Schieffery v. TapiaCalifornia Supreme Court · 1885

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