Wittenbrock v. Bellmer
California Supreme Court
Appeal from a judgment for the plaintiff in the Superior Court of Sacramento County. Denson, J. A petition for hearing in Bank was filed in this case after judgment, and denied. The facts were as stated in the opinion and in the syllabus.
1Opinion of the Court
The Court:
As the case stands, a new trial on motion of the defendants John and Maria Bellmer has been granted as to plaintiff and denied as to the defendant or intervenor, William Kleinsorge. (Wittenbrock v. Bellmer, 57 Cal. 12.) The defendant or intervenor, William Kleinsorge, and the defendants John Bell*560mer and Maria Bellmar, occupied antagonistic positions in the action. In the absence of notice to all the adverse parties, the Superior Court should have denied the motion for a new trial as to all. That point was not made or considered by this Court at the former appeal, and the appeal was…
2Cases cited1 opinion
- Wittenbrock v. BellmerCalifornia Supreme Court · 1880
3Cited by4 opinions
- Williams v. Santa Clara Mining Ass'n of Balt.California Supreme Court · 1884
- Pierce v. BirkholmCalifornia Supreme Court · 1896
- United States v. CrooksCalifornia Supreme Court · 1897
- People ex rel. Lincoln County v. GeorgeIdaho Supreme Court · 1891