Levee District No. 1 v. Huber
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a motion for a new trial, in the Sixth District Court, County of Sacramento. Denson, J. The action was brought to recover an assessment levied upon a portion of the lands embraced within Levee District No. 1 of Sacramento County.
1Opinion of the CourtMcKinstry, J.
The District Judge ought to have sustained plaintiff’s objection to the settlement or allowance of an exception to the ruling of the Court striking out a portion of defendant’s answer. The proposed bill, containing such exception, was not presented until more than three months after the ruling or decision was made. The order to strike out was made November 14th, 1879, and the “ proposed bill ” is dated March 26th, 1880, and of course could not have been presented until that day. It appears from the judge’s certificate, that, at the settlement of the bill, plaintiff’s attorney, “ having…
2Cited by2 opinions
- Hoke v. PerdueCalifornia Supreme Court · 1881
- Stansell v. Levee Board of Miss., Dist. No. 1District Court, N.D. New York · 1881