Curtiss v. Starr & Co.
California Supreme Court
Appeal from an order of the Superior Court of Alameda County granting a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
This is an appeal by the plaintiff from an order granting the defendant’s motion for a new trial. The order did not specify the ground upon which it was made; and in such case it is settled that if the record shows any valid ground upon which the order may have been made, the appellate court will presume that it was made on such ground. In this ease the record shows a valid ground upon which the order may have been made.
The complaint consists of two counts. The appellant's counsel asserts that the verdict was based upon the second count alone; and for the purpose of this opinion we…
2Cases cited4 opinions
- Dickey v. DavisCalifornia Supreme Court · 1870
- Irving v. CunninghamCalifornia Supreme Court · 1881
- Beeckenridge v. CrockerCalifornia Supreme Court · 1886
- Higuerra v. BernalCalifornia Supreme Court · 1873
3Cited by20 opinions
- Smith v. RoyerCalifornia Supreme Court · 1919
- Domico v. CasassaCalifornia Supreme Court · 1894
- Fisher v. ZimmermanCalifornia Court of Appeal · 1937
- Winning v. Board of Dental ExaminersCalifornia Court of Appeal · 1931
- Springer v. Pacific Fruit ExchangeCalifornia Court of Appeal · 1928
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