Horton v. Jack
California Supreme Court
Appeal from a judgment of the Superior Court of San Luis Obispo County and from an order denying a new trial. V. A. Gregg, Judge.
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Appeal from a judgment of the Superior Court of San Luis Obispo County and from an order denying a new trial. V. A. Gregg, Judge. The action was brought by the plaintiff as administrator, with the will annexed, of James A. Brown, deceased, against R. B. Jack and the First National Bank of San Luis Obispo, to recover the value of certain personal property alleged to be the property of the estate, and to be of the value of seven thousand dollars, and to have been unlawfully converted by defendants. Upon the first trial judgment of nonsuit was rendered in favor of both defendants, which was…
1Opinion of the CourtVan Fleet, J.
This is the second appeal in this case. On the first appeal the cause was remanded for a new trial as between the plaintiff and the defendant Jack. The opinion on that appeal will be found in 37 Pac. Rep. 652, where the facts are fully stated. The second trial resulted in a verdict and judgment for defendant, and plaintiff appeals from the judgment, and from an order denying his motion for a new trial.
It is contended by appellant (and this is the only question which need be considered) that the facts disclosed on the second trial are substantially the same as on the first trial, and that the…
2Cases cited4 opinions
- Benson v. ShotwellCalifornia Supreme Court · 1894
- Patrick v. MorseCalifornia Supreme Court · 1884
- Horton v. JackCalifornia Supreme Court · 1894
- Mellor v. CrouchCalifornia Supreme Court · 1888
3Cited by12 opinions
- Raulet v. Northwestern Nat'l Ins. Co. of MilwaukeeCalifornia Supreme Court · 1910
- Churchill v. FlournoyCalifornia Supreme Court · 1899
- Potter v. Ajax Mining Co.Utah Supreme Court · 1900
- Lass v. EliassenCalifornia Court of Appeal · 1928
- Kramm v. Stockton Electric R. R. Co.California Court of Appeal · 1909
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