Legal Opinion

Rogers v. Hatch

California Supreme Court

Decided July 1, 1872No. 3,019PublishedCited by 9 opinions

Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The plaintiff recovered judgment in the Court below, and the defendant appealed. The other facts are stated in the opinion.

1Opinion of the Court

By the Court, Rhodes, J.:

The promissory note in suit was dated August 7th, 1860, payable thirty days from date; the action was commenced December 22d, 1870; and it is alleged in the complaint that the maker of the note (the defendant) departed from this State about the 1st day of January, 1862, and has since remained absent therefrom.

The defendant alleges that during every year from 1860 to and including the year 1870, he was in the City of San Francisco “ for weeks consecutively; ” and that he resided in said city, and had a place of business therein in the years 1863, 1864, and 1865, of all…

2Cases cited3 opinions

  1. Burroughs v. BloomerNew York Supreme Court · 1848
  2. Palmer v. ShawCalifornia Supreme Court · 1860
  3. Mitchell v. WestNew York Court of Appeals · 1873

3Cited by9 opinions

  1. Watt v. WrightCalifornia Supreme Court · 1884
  2. Dew v. AppleberryCalifornia Supreme Court · 1979
  3. Anthes v. AnthesIdaho Supreme Court · 1912
  4. Durr v. HardestySouth Dakota Supreme Court · 1956
  5. Keith-O'Brien Co. v. SnyderUtah Supreme Court · 1917

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