Legal Opinion

Link v. Jarvis

California Supreme Court

Decided June 3, 1893No. 18,045PublishedCited by 4 opinions

APPEAL from Superior Court, San Joaquin County; Joseph H. Budd, Judge. Action by Sylvester Link against Dustin Jarvis to recover money given under an agreement that defendant would do certain things for plaintiff. Judgment was rendered for plaintiff, and from such judgment, and an order denying a motion for a new trial, defendant appeals.

1Opinion of the Court

BELCHER, C.

This action was commenced on July 12, 1889, to recover the sum of $600, money had and received by the defendant for the use and benefit of the plaintiff. Issue was joined, and when the case came on for trial, on the objection of the defendant, the testimony on the part of the plaintiff was excluded by the court, as not admissible under the complaint. The plaintiff thereupon asked leave to file an amended complaint, and, over the objection of defendant, his application was granted, on condition that he pay all costs of the action up to the time of filing the amendment. The costs…

Also in this document: Per curiam.

2Cases cited6 opinions

  1. Guidery v. GreenCalifornia Supreme Court · 1892
  2. Barber v. ReynoldsCalifornia Supreme Court · 1867
  3. Walsh v. MckeenCalifornia Supreme Court · 1888
  4. Farmers' Natl. Gold Bank v. StoverCalifornia Supreme Court · 1882
  5. Lorenzana v. CamarilloCalifornia Supreme Court · 1872

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3Cited by4 opinions

  1. Keena v. United Railroads of San FranciscoCalifornia Supreme Court · 1925
  2. Queirolo v. Pacific Gas & Electric Co.California Court of Appeal · 1931
  3. Hunton v. California Portland Cement Co.California Court of Appeal · 1942
  4. Miller v. Pacific Electric Ry. Co.California Supreme Court · 1915

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