People ex rel. Allen v. Hill
California Supreme Court
Appeal from the Eleventh District. Information by the Attorney General in the nature of quo warranto to determine the title to the offices of the Gold Hill and Bear River Water Company, a corporation formed under the general corporation Act of April, 1853. At an election of officers of the company, two tickets were voted for, one headed by plaintiff, Allen, for President, the other by Hill, defendant.
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Appeal from the Eleventh District. Information by the Attorney General in the nature of quo warranto to determine the title to the offices of the Gold Hill and Bear River Water Company, a corporation formed under the general corporation Act of April, 1853. At an election of officers of the company, two tickets were voted for, one headed by plaintiff, Allen, for President, the other by Hill, defendant. At the time, the books of the company showed one hundred and fifteen shares, standing thus: In the name of Devane, twenty-two shares; in the name of Devane & Hill, sixty-one shares; in the name…
1Opinion of the CourtCope, J.
Baldwin, J. concurring.
The notice of the motion for a new trial in this case was not given in time, and the proceedings based upon such notice must, therefore, be disregarded. The trial terminated with the rendition of the verdict, and the notice should have been given within two days thereafter. It is urged that as the verdict was special, it was necessary to invoke the action of the Court before a judgment could be entered upon it, and that, therefore, the trial itself did not in contemplation of law terminate until the judgment was rendered. We cannot assent to this view. The facts were…
2Cases cited1 opinion
- Peabody v. PhelpsCalifornia Supreme Court · 1858
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- Walsh v. State ex rel. CookSupreme Court of Alabama · 1917
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