Legal Opinion

Fish v. Benson

California Supreme Court

Decided December 18, 1886No. 9451PublishedCited by 43 opinions

Appeal from a judgment of the Superior Court of Contra Costa County, and from an order refusing a new trial. The facts are stated in the opinion.

1Opinion of the Court

Searls, C.

This is an action of ejectment to recover certain premises situate in Contra Costa County.

Plaintiffs had judgment, from which, and from an order denying a new trial, the defendants appeal.

Respondents move to dismiss the appeal, so far as it relates to the order denying a new trial.

The appeal was taken within the sixty days provided by statute therefor after entry of the order denying the new trial.

If the notice of the motion was not given, or the bill *431of exceptions not filed in time, and this is made to properly appear in the record, the fact may constitute a reason for affirming…

2Cases cited16 opinions

  1. Harding v. WheatonSupreme Court of the United States · 1826
  2. Allore v. JewellSupreme Court of the United States · 1877
  3. Koppikus v. State Capitol Comm'rsCalifornia Supreme Court · 1860
  4. Lestrade v. BarthCalifornia Supreme Court · 1862
  5. Nash v. HarrisCalifornia Supreme Court · 1881

11 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Philpott v. Superior CourtCalifornia Supreme Court · 1934
  2. Mathews v. SniggsSupreme Court of Oklahoma · 1919
  3. Loaiza v. Superior CourtCalifornia Supreme Court · 1890
  4. Swasey v. AdairCalifornia Supreme Court · 1891
  5. Maas v. DunmyerSupreme Court of Oklahoma · 1908

38 more not listed; retrieve them via the Exa API.

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