Legal Opinion

Emerson v. County of Santa Clara

California Supreme Court

Decided January 15, 1871No. 2,330PublishedCited by 32 opinions

Appeal from tbe District Court of tlie Third Judicial District, County of Santa Clara. Action for recovery of damages, caused by laying out a public road through appellant’s land. Tried before a jury, with a series of instructions from the Court. Judgment for the plaintiff (appellant) for six hundred dollars.

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Appeal from tbe District Court of tlie Third Judicial District, County of Santa Clara. Action for recovery of damages, caused by laying out a public road through appellant’s land. Tried before a jury, with a series of instructions from the Court. Judgment for the plaintiff (appellant) for six hundred dollars. Plaintiff appeals from the judgment and order, denying a new trial, alleging among other causes, that the jury disregarded certain of the instructions given it by the Court- The further statement of the case, appears in the opinion of the Court.' The jury in rendering a verdict for only…

1Opinion of the Court

Wallace, J.,

delivered tbe opinion of tbe Court, Rhodes, C. J., and Temple, J., concurring: Ceockett, J., dissenting:

It is admitted that tbe verdict was contrary to tbe instructions actually given by tbe Court, but it is said that it ought not to be disturbed because tbe instruction itself was not correct in point of law. A verdict of a jury in disobedience to tbe instructions of the Court upon a point of law is a verdict “ against law," within tbe meaning of Subdivision 6, Sec. 193, of tbe Practice Act, and for that reason should be set aside without further consideration. It mattersnot if…

2Cases cited1 opinion

  1. Flemming v. Marine InsuranceSupreme Court of Pennsylvania · 1839

3Cited by32 opinions

  1. Mattingly v. PennieCalifornia Supreme Court · 1895
  2. Murray v. HeinzeMontana Supreme Court · 1895
  3. Altoona Quicksilver Mining Co. v. Integral Quicksilver Mining Co.California Supreme Court · 1896
  4. O'Neill v. Thomas Day Co.California Supreme Court · 1907
  5. Norman v. LambertSupreme Court of Oklahoma · 1917

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