Legal Opinion

Estell v. Chenery

California Supreme Court

Decided October 15, 1853PublishedCited by 1 opinion

Appeal from the Seventh Judicial District, Solono County. This was an action for services, alleged by plaintiff to have been rendered by him to defendants, in corralling and separating cattle, for the keep of the cattle, for the use of horses, and the loss of horses incurred in the service so alleged to have been rendered.

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Appeal from the Seventh Judicial District, Solono County. This was an action for services, alleged by plaintiff to have been rendered by him to defendants, in corralling and separating cattle, for the keep of the cattle, for the use of horses, and the loss of horses incurred in the service so alleged to have been rendered. The defendant, Chenery, who alone was served with process, denied all and singular the services, all the allegations, and all indebtedness ; and set out that he had bought certain cattle from plaintiff, who was to deliver them free of expense; and the services, if rendered…

1Opinion of the CourtMurray, Chief Justice

Heydenfeldt, Justice, concurred.

The plaintiff commenced his action in the court below, against Chenery and others, as co-partners. Service was had on Chenery alone, who answered, denying all the allegations. No default was taken as to the other defendants, and upon the final hearing of the cause, the court rendered a joint judgment against all.

There is no sufficient finding of the facts and conclusions of law, by the court below, to sustain the judgment, the verdict being general.

Judgment reversed, and new trial ordered.

2Cited by1 opinion

  1. Squier v. LowenbergIdaho Supreme Court · 1880

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