People ex rel. Downer v. Norton
California Supreme Court
Application to the Supreme Court for a mandamus to the Judge of the Twelfth District. The application is based upon an affidavit by relator, setting forth, in substance, that he is plaintiff in the suit of George Downer v. Henry Thompson, pending in the Twelfth District Court; that the suit was instituted for him by Messrs.
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Application to the Supreme Court for a mandamus to the Judge of the Twelfth District. The application is based upon an affidavit by relator, setting forth, in substance, that he is plaintiff in the suit of George Downer v. Henry Thompson, pending in the Twelfth District Court; that the suit was instituted for him by Messrs. F. M. & H. H. Haight, attorneys at law, in 1856, for the recovery of one hundred vara lot, No. 39, in the city of San Francisco, and by them conducted until April 10th, 1858, when relator entered into an agreement with one Yountz by which he agreed to take charge of, and…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
*440This is an application for a mandamus to compel the Judge below to allow the substitution of an attorney in a case pending in the Twelfth District, in which case relator is plaintiff.
1. The ground of the refusal of the Court to grant the order of substitution seems to have been, that it appeared that the plaintiff had conveyed to one Tountz, one-third of the premises (real estate) in suit, in consideration of Tountz attending to the case as his agent; that Tountz had employed a gentleman of the law to bring the suit, and that the only reason urged in support of the…
2Cited by10 opinions
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