Bates v. Gage
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. Bill in equity to enforce the specific performance of a verbal contract to sell and convey real estate. Several special issues were submitted to a jury, and they returned their findings thereon February 27, 1871. On the 2d day of March, 1871, the plaintiff filed and served notice of motion for a new trial, and filed a statement in support of the motion on the 7th of March following.
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Appeal from the District Court, Fifth Judicial District, County of San Joaquin. Bill in equity to enforce the specific performance of a verbal contract to sell and convey real estate. Several special issues were submitted to a jury, and they returned their findings thereon February 27, 1871. On the 2d day of March, 1871, the plaintiff filed and served notice of motion for a new trial, and filed a statement in support of the motion on the 7th of March following. The Court adopted the findings of the jury and rendered a judgment for the plaintiff, on the 17th of Hay, 1871, and the judgment was…
1Opinion of the Court
By the Court, McKinstry, J.:
The appeal from judgment was not taken within one year after the judgment was entered. (Prac. Act, Sec. 336.)
No motion for a new trial was made after the decision of the Court below was rendered. A portion only of the issues raised by the pleadings were submitted to a jury. The verdict was but advisory, so that all the issues were determined by the Court. In an equity case, where all the issues are not passed on by the jury, the trial is not terminated when the verdict is rendered, and the special verdict is to be regarded as a portion of the findings of the Court.
T…
2Cases cited2 opinions
- People ex rel. Allen v. HillCalifornia Supreme Court · 1860
- Ellsassar v. HunterCalifornia Supreme Court · 1864
3Cited by15 opinions
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- Arnold v. SinclairMontana Supreme Court · 1892
- San Joaquin & Kings River Canal & Irrigation Co. v. StevensonCalifornia Court of Appeal · 1916
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