Rutledge v. Murphy
California Supreme Court
Appeal from, the District Court, Third Judicial District, County of Santa Clara. The plaintiff claimed the northeast quarter of section twenty-nine, in township six south, range one west, Monte Diablo base and meridian, as a pre-emptor, and the Register and Receiver of the United States Land Office allowed him to enter and pay for it in 1866. In 1867 the Commissioner of the General Land Office directed the Register and Receiver to investigate the claim of the defendants as…
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Appeal from, the District Court, Third Judicial District, County of Santa Clara. The plaintiff claimed the northeast quarter of section twenty-nine, in township six south, range one west, Monte Diablo base and meridian, as a pre-emptor, and the Register and Receiver of the United States Land Office allowed him to enter and pay for it in 1866. In 1867 the Commissioner of the General Land Office directed the Register and Receiver to investigate the claim of the defendants as purchasers from the Mexican grantee, and to take the testimony of all parties. The Register and Receiver decided in favor…
1Opinion of the Court
By the Court, Crockett, J.:
If the ruling in Hosmer v. Wallace (47 Cal. 461) was correct, the judgment in this case for the defendant must be affirmed, as the cases are not distinguishable in the particulars on which that decision rests. But counsel for the plaintiff (appellant) contends with . earnestness, that the ruling in that case cannot be supported on reason and auhority, and asks us to review it. We find it unnecessary, thowever, in this case, to discuss anew the questions of law decided in Hosmer v. Wallace, as the judgment must be affirmed on other grounds. But we are not to be…
2Cases cited4 opinions
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Warren v. Van BruntSupreme Court of the United States · 1874
- Hutton v. FrisbieCalifornia Supreme Court · 1869
- Hosmer v. WallaceCalifornia Supreme Court · 1874
3Cited by5 opinions
- Buckley v. HoweCalifornia Supreme Court · 1890
- Weber Showcase & Fixture Co. v. WaughDistrict Court, W.D. Washington · 1930
- Wormouth v. GardnerCalifornia Supreme Court · 1896
- Hays v. SteigerCalifornia Supreme Court · 1888
- Cooper v. WilderCalifornia Supreme Court · 1895