Kelly v. Larkin
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The action was brought to recover on a street assessment. The appeal is taken by the plaintiff from an order granting the defendants a new trial. The other facts are stated in the opinion.
1Opinion of the Court
By the Court:
On the eleventh day of December, 1872, the plaintiff obtained judgment, and it appearing that notice of the rendering of the decision was given, but the record being silent as to the time at which it was given, we will assume *59in support of the- action of the court below that the notice was given during the year 1872, and not afterwards. On the eighth day of January, 1873, notice of intention to move for a new trial was given by the respondents, who thereafter, in accordance with the practice prevailing before the taking effect of the codes, filed an agreed statement in support of…
2Cited by9 opinions
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- Kimpton v. Jubilee Placer Mining Co.Montana Supreme Court · 1899
- Townley v. AdamsCalifornia Supreme Court · 1897
- Macy v. DavilaCalifornia Supreme Court · 1874
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