Legal Opinion

Haight v. Tryon

California Supreme Court

Decided March 23, 1896No. S. F. No. 245PublishedCited by 24 opinions

Appeal from a judgment of the Superior Court of Del Norte County, and from an order denying a new trial. James E. Murphy, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtVan Fleet, J.

Action for a partnership accounting in which findings and judgment were in favor of defendant. Plaintiff appeals from the judgment and an order denying him a new trial.

1. Plaintiff asked the court below to find upon certain issues which he contended were presented by the pleadings, and which he deemed material; his request was refused and he took an exception, which he now seeks to have reviewed as an error of law.

No such practice is recognized by our present method of procedure provided by the. code. (Lamb v. Harbaugh, 105 Cal. 680, 692.) It is the duty of the court to find upon all the…

2Cases cited5 opinions

  1. Dawson v. SchlossCalifornia Supreme Court · 1892
  2. Lamb v. HarbaughCalifornia Supreme Court · 1895
  3. Knight v. RocheCalifornia Supreme Court · 1880
  4. Spotts v. HanleyCalifornia Supreme Court · 1890
  5. Kumle v. Grand Lodge Ancient Order of United WorkmenCalifornia Supreme Court · 1895

3Cited by24 opinions

  1. People v. Wong LoungCalifornia Supreme Court · 1911
  2. De Molera v. MartinCalifornia Supreme Court · 1898
  3. Dillon Implement Co. v. CleavelandUtah Supreme Court · 1906
  4. Wood v. BrodersonIdaho Supreme Court · 1906
  5. Cordano v. KelseyCalifornia Court of Appeal · 1915

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