Tully v. Harloe
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Replevin to recover possession of thirteen hundred and sixty-three sacks of oats. Silas Hogle had rented a tract of land from James G. Denniston, in San Mateo County, and in April, 1863, had growing thereon over one hundred acres of oats. At the time last mentioned he executed to the plaintiffs, upon the growing crop, the mortgage mentioned in the opinion of the Court.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Replevin to recover possession of thirteen hundred and sixty-three sacks of oats. Silas Hogle had rented a tract of land from James G. Denniston, in San Mateo County, and in April, 1863, had growing thereon over one hundred acres of oats. At the time last mentioned he executed to the plaintiffs, upon the growing crop, the mortgage mentioned in the opinion of the Court. The plaintiffs claimed to have taken possession of the crop, and harvested it. After the grain had been sacked, Hogle gave Denniston a…
1Opinion of the Court
By the Court, Sanderson, J.:
1. The judgment was for a larger sum than was claimed at the commencement of the action, but it appears from an amendment which has been made to the transcript, by leave of this Court granted since the filing of the appellant’s opening brief, that the complaint was amended by leave of the District Court before the commencement of the trial, and that the amount claimed by the amended complaint was in excess of the sum for which judgment was given. This amendment of the transcript has, therefore, obviated the objection of the appellant to the judgment, whether…
2Cases cited9 opinions
- United States v. Hooe Et Al.Supreme Court of the United States · 1805
- Shirras & Others v. Caig & MitchelSupreme Court of the United States · 1812
- BaileyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Divver & Gunton v. McLaughlinNew York Supreme Court · 1829
- Brinkerhoff v. MarvinNew York Court of Chancery · 1821
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3Cited by22 opinions
- Tucker v. ParksSupreme Court of Colorado · 1883
- Home Savings & Loan Ass'n v. BurtonWashington Supreme Court · 1899
- Kentucky Lumber & Mill Work Co. v. Kentucky Title Savings Bank & Trust Co.Court of Appeals of Kentucky · 1919
- Hester v. GairdnerSupreme Court of Georgia · 1907
- Carey v. HerrickWashington Supreme Court · 1928
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