Martin v. Travers
California Supreme Court
Appeal from the Twelfth District, County of San Francisco. This was an action brought to recover back money deposited by the plaintiff with the defendant, as an indemnity for liability on a bail bond for the appearance of the plaintiff.
Read the full summary
Appeal from the Twelfth District, County of San Francisco. This was an action brought to recover back money deposited by the plaintiff with the defendant, as an indemnity for liability on a bail bond for the appearance of the plaintiff. The complaint alleged, that in March, 1856, the defendant received from the plaintiff five hundred dollars, which the defendant was to return when he should be released from his liability on certain recognizances, which he had entered into for the appearance of the plaintiff and one Saddeaux, in the Court of .Sessions. That the defendant had been released and…
1Opinion of the CourtField, J.
The plaintiff objected to the admission of the evidence upon which the referee based his sixth finding, but upon what ground the record does not disclose. The objection fails to specify the point upon which it rests, and did not merit consideration for its generality. Kiler v. Kimball, 10 Cal. 267.
To have entitled it to notice, the party should have laid, as the authorities say, his finger on the point at the time. Practice Act, sec. 189 ; Frier v. Jackson, 8 John. 496 ; Jackson v. Caldwell, 1 Cow. 622; Whitesides v. Jackson, 1 Wend. 418; Waters v. Gilbert, 2 Cushing, 27; Covillaud v. Tanner,…
2Cases cited4 opinions
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Whiteside v. JacksonNew York Supreme Court · 1828
- Kiler v. KimbalCalifornia Supreme Court · 1858
- Covillaud v. TannerCalifornia Supreme Court · 1857
3Cited by11 opinions
- Sneed v. OsbornCalifornia Supreme Court · 1864
- Nightingale v. ScannellCalifornia Supreme Court · 1861
- Knapp v. SchneiderWisconsin Supreme Court · 1869
- Brumley v. FlintCalifornia Supreme Court · 1891
- Cochran v. O'KeefeCalifornia Supreme Court · 1868
6 more not listed; retrieve them via the Exa API.