Legal Opinion

Houston v. Williams

California Supreme Court

Decided July 1, 1859PublishedCited by 65 opinions

Appeal from the Third District. This was an action of ejectment. The defendant recovered judgment in the District Court. On appeal, the judgment was reversed by the Supreme Court from the bench—no opinion in writing being delivered. The reasons for the decision were stated orally. The counsel for the plaintiff afterwards presented a petition asking the Court to file a written opinion.

1Opinion of the CourtField, J.

Terry, C. J. concurring.

At the present term the judgment in this case was reversed, without any opinion being given setting forth the reasons for the *25reversal. The Appellant now moves the Court to file an opinion, and cites Section 69 of the statute of May 15th, 1854,-amending the Practice Act, which provides that “ all decisions given upon an appeal in any Appellate Court of this State, shall be given in writing, with the reason therefor, and filed with the Clerk of the Court,” except in eases tried in the County Court, on appeal from a Justice’s Court.

The provisions of the statute had not…

2Cited by65 opinions

  1. People v. KellyCalifornia Supreme Court · 2006
  2. NUDD v. Burrows, AssigneeSupreme Court of the United States · 1875
  3. Rogers v. HillSupreme Court of the United States · 1933
  4. Norwalk Street Railway Company's AppealSupreme Court of Connecticut · 1897
  5. Parkison v. ThompsonIndiana Supreme Court · 1905

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