Bates v. Gage
California Supreme Court
Appeal from tbe District Court of tbe Fifth District, San Joaquin County. Tbe facts are stated in tbe opinion. Tbe Court bad no jurisdiction over tbis case for tbe purpose of a trial on tbe 16tb day of November, 1868, There was no Court at tbe time tbis trial was bad — no legal jury, no legal proceedings of any character whatever. Tbe term expired for San Joaquin County, two days before tbe trial of tbis cause.
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Appeal from tbe District Court of tbe Fifth District, San Joaquin County. Tbe facts are stated in tbe opinion. Tbe Court bad no jurisdiction over tbis case for tbe purpose of a trial on tbe 16tb day of November, 1868, There was no Court at tbe time tbis trial was bad — no legal jury, no legal proceedings of any character whatever. Tbe term expired for San Joaquin County, two days before tbe trial of tbis cause. It was tried on tbe day that tbe term of tbe Court commenced in Tuolumne County; and while it. is true that tbe parties, as well as their attorneys, entered into a written stipulation…
1Opinion of the CourtTemple, J.
This cause was tried in the County of San Joaquin on the day the term of Court for the County of Tuolumne — which is in the same district — commenced, as fixed by law. At the trial the attorneys, apparently having some doubt as to the regularity of the proceeding, entered into a stipulation that “all objections as to the jurisdiction of this Court as to hearing and trying this case at this time; and all objections as to irregularities or informalities in the case as it now stands; and all objections to the trial of this cause this day, are by both the plaintiff and defendant fully and…
2Cases cited2 opinions
- Norwood v. KenfieldCalifornia Supreme Court · 1867
- Smith v. ChichesterCalifornia Supreme Court · 1851
3Cited by12 opinions
- Superior Court v. County of MendocinoCalifornia Supreme Court · 1996
- Harrington v. Superior CourtCalifornia Supreme Court · 1924
- Von Schmidt v. WidberCalifornia Supreme Court · 1893
- Hamblin v. Superior CourtCalifornia Supreme Court · 1925
- Stirling v. WagnerWyoming Supreme Court · 1892
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