McQuillan v. Donahue
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The action, which was ejectment, was tried by the Court without a jury, and having been submitted on the 19th day of January, 1874, the Court on the same day decided orally in favor of the plaintiff. No decision in writing was ever given or filed.
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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The action, which was ejectment, was tried by the Court without a jury, and having been submitted on the 19th day of January, 1874, the Court on the same day decided orally in favor of the plaintiff. No decision in writing was ever given or filed. June 1, 1874, the defendant moved upon affidavit (due notice having been given the plaintiff) to place the cause upon the calendar to be tried again. The motion was denied, and the defendant appealed.
1Opinion of the Court
Mr. Chief Justice Wallace,
speaking for the Court, said:
We are of opinion that this provision of the statute is directory merely.
Judgment. affirmed.
2Cited by18 opinions
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- Heinlen v. PhillipsCalifornia Supreme Court · 1891
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- Bruegger v. CartierNorth Dakota Supreme Court · 1910
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