Killey v. Wilson
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. April 10th, 1860, S. A. Hastings commenced an action of ejectment in the said Court against J. W. Cudworth and others, including Lyman F. Green, and Hetty C. Green, his wife, to recover possession of a tract of land, which included Blocks Two Hundred and Forty-Two and Two Hundred and Sixty-Four.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. April 10th, 1860, S. A. Hastings commenced an action of ejectment in the said Court against J. W. Cudworth and others, including Lyman F. Green, and Hetty C. Green, his wife, to recover possession of a tract of land, which included Blocks Two Hundred and Forty-Two and Two Hundred and Sixty-Four. Said Greens answered, denying the allegations of the complaint, July 5th, 1860. July 3d, 1862, the attorneys stipulated in writing to refer the cause to a referee to report a judgment, and on the same day the…
1Opinion of the Court
By the Court, Rhodes, J.:
The judgment roll in the case of Hastings v. Cudworth, after the defendants presented the objection to its admission, on the ground that it was null and void, was received in evidence by consent of parties, with the understanding and agreement that the Court, after examining the papers, *693orders, etc., should pass on the objection. The Court sustained the objection, and this is the sole error relied on by plaintiffs. For the purpose of determining the appeal, it is unnecessary to consider this question ; and although it may be as the plaintiff’s counsel regards it—one…
2Cases cited1 opinion
- Bowman v. CudworthCalifornia Supreme Court · 1866
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