Pyle v. Piercy
California Supreme Court
APPEAL from a judgment of the Superior Court of Santa Clara county and from an order denying a new trial. John ¡Reynolds, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtGaroutte, J.
Defendant appeals from the judgment and order denying his motion for a new trial.' The action is one for damages based upon a breach of a promise of marriage.
1. Defendant pleaded a judgment in "bar based upon the following facts: Plaintiff filed her complaint, and defendant answered. The time arrived for trial, and the plaintiff’s attorney failed to appear. Thereupon defendant answered ready, and made a motion that the action be dismissed by reason of nonappearance of plaintiff. At this stage of the proceeding, plaintiff’s attorney appeared and declined to further prosecute the action. The…
2Cases cited1 opinion
- Laird v. MorrisNevada Supreme Court · 1895
3Cited by21 opinions
- People v. BurkeCalifornia Court of Appeal · 1912
- Lamb v. HerndonCalifornia Court of Appeal · 1929
- In Re Estate of BumpCalifornia Supreme Court · 1907
- James v. JamesCalifornia Supreme Court · 1899
- Collins v. RamishCalifornia Supreme Court · 1920
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