Lambert v. Haskell
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
Action against the sureties on an undertaking on a preliminary injunction; verdict and judgment for plaintiff; defendants appeal from the judgment, and from an order denying their motion for a new trial. We think that the judgment and order appealed from must be reversed. But as some of the questions will arise upon a retrial we have examined them.
1. We think that the complaint states a cause of action. The argument against it is, that material allegations are omitted, and that such omission cannot be supplied by a copy of the undertaking annexed to the complaint; and the case of Los…
2Cases cited23 opinions
- Allison v. ChandlerMichigan Supreme Court · 1863
- Goebel v. HoughSupreme Court of Minnesota · 1879
- Hallock v. JaudinCalifornia Supreme Court · 1867
- Stoddard v. TreadwellCalifornia Supreme Court · 1864
- Murdock v. BrooksCalifornia Supreme Court · 1869
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3Cited by69 opinions
- Lowell Bar Ass'n v. LoebMassachusetts Supreme Judicial Court · 1943
- Lingsch v. SavageCalifornia Court of Appeal · 1963
- Washer v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1943
- Grupe v. GlickCalifornia Supreme Court · 1945
- Doudell v. ShooCalifornia Supreme Court · 1911
64 more not listed; retrieve them via the Exa API.