Hutton v. Reed
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The following are the pleadings in this action.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The following are the pleadings in this action. The complaint and answer were verified: Benjamin H. Hutton, plaintiff, complains of Joseph L. Reed, Henry Steil, and Charles F. Wehn, defendants ; and for cause of action says, that heretofore, to wit: on the first day of January, A. D. 1862, the plaintiff was the owner in fee, entitled to the possession, and in the possession of that certain piece or lot of land, situate, lying, and being in the City and County of San Francisco, State of California, and…
1Opinion of the Court
By the Court, Sawyer, J.
The respondent made a preliminary motion to dismiss the appeal, on. the ground that the record contains no statement on appeal, and no assignment of errors, or statement of the grounds upon which appellant relies. The motion to dismiss was argued orally, and the case at the same time submitted on its merits on briefs, subject to the motion to dismiss.
We have frequently had motions to dismiss appeals from orders denying new trials, and from judgments, on the general ground that there was no assignment of errors in the record. But the term, “ assignment of errors,” seems…
2Cases cited7 opinions
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3Cited by29 opinions
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