Moore v. Murdock
California Supreme Court
Appeal from the District Court, Thirteenth Judicial District, Stanislaus County. Plaintiffs brought their action to recover damages for the alleged wrongful taking and conversion of sixteen hundred sheep, and asked for judgment for five thousand dollars.
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Appeal from the District Court, Thirteenth Judicial District, Stanislaus County. Plaintiffs brought their action to recover damages for the alleged wrongful taking and conversion of sixteen hundred sheep, and asked for judgment for five thousand dollars. The answer, after denying the allegation of the complaint, set up that defendant Post was a creditor of one Hugh Foreman in the sum of two thousand four hundred dollars, and that on the 2d day of February, 1861, he commenced an action against Foreman in the District Court, San Joaquin County, and procured the issue of a writ of attachment…
1Opinion of the Court
By the Court, Rhodes, J.
The only point we can consider, is the alleged error of the Court below in overruling the appellant’s motion for a nonsuit. The other grounds of the motion for a new trial, were not specified, either as regards the insufficiency of the evidence or the errors in law, as is required by the statute (Acts of 1.863, p. 643), and therefore they should be disregarded by the Court below, and cannot be examined on appeal. (Wixon v. Bear River & A. W. M. Co. 24 Cal. 367; Walls v. Preston, 25 Cal. 59; Hutton v. Reed, 25 Cal. 478.)
The appellants insist that the law of this case…
2Cases cited10 opinions
- Stuart v. SimpsonNew York Supreme Court · 1828
- Hutton v. ReedCalifornia Supreme Court · 1864
- Mateer v. BrownCalifornia Supreme Court · 1850
- Walls v. PrestonCalifornia Supreme Court · 1864
- Jansen v. Acker & RichNew York Supreme Court · 1840
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3Cited by10 opinions
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- Adoue & Lobit v. H. Seeligson & Co.Texas Supreme Court · 1881
- Siter v. JewettCalifornia Supreme Court · 1867
- Roberts v. BarnesSupreme Court of Missouri · 1895
- Hellman & Co. v. Pollock & Co.Missouri Court of Appeals · 1891
5 more not listed; retrieve them via the Exa API.