Summerville v. Kelliher
California Supreme Court
The facts are stated in the opinion of the court. T. G. Elliott, D. E. Alexander, and J. B. Webster, for J. T. Summerville, Appellant. C. H. Fairall, and H. R. McNoble, for W. G. Hersom, Appellant.
1Opinion of the CourtShaw, J.
This is an action in claim and delivery for certain wheat and barley.
The defendant Hersom as trustee in bankruptcy of J. D. Stuart, the original owner of the grain, filed a cross-complaint against the other parties upon which issue was joined. The judgment was in favor of the defendant D. E. Kelliher. The plaintiff and Hersom each moved for a new trial, which was refused, and each, separately, has appealed from the order denying the motion for a new trial and from the judgment.
In many of its features the case is the same as Summerville v. Stockton Milling Co., 142 Cal. 529. The plaintiff, as…
2Cases cited7 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- Foley v. FoleyCalifornia Supreme Court · 1898
- Ruggles v. CannedyCalifornia Supreme Court · 1899
- Bonetti v. TreatCalifornia Supreme Court · 1891
- Summerville v. Stockton Milling Co.California Supreme Court · 1904
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3Cited by13 opinions
- Miller v. Bank of America, N. T. & S. A.Court of Appeals for the Ninth Circuit · 1948
- Hewel v. HoginCalifornia Court of Appeal · 1906
- Hopper v. KeysCalifornia Supreme Court · 1907
- Kaliterna v. WrightCalifornia Court of Appeal · 1949
- Schehr v. BerkeyCalifornia Supreme Court · 1913
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