Keys v. Warner
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Marin. This suit was brought July 27th, 1870, to recover damages for an alleged trespass in entering the plaintiff’s close and digging up his land. The defendants in their answer allege that the acts complained of were done by them as officers of the county in proceeding by lawful authority to lay out and establish a public highway.
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Appeal from the District Court of the Seventh Judicial District, County of Marin. This suit was brought July 27th, 1870, to recover damages for an alleged trespass in entering the plaintiff’s close and digging up his land. The defendants in their answer allege that the acts complained of were done by them as officers of the county in proceeding by lawful authority to lay out and establish a public highway. Upon the issue thus joined the following stipulation was signed by the attorneys: “ It is stipulated that plaintiff take judgment for one hundred dollars and costs; that execution be staid…
1Opinion of the Court
By the Court:
The judgment of the Court below purports to have been rendered in pursuance of the stipulation of the attorneys of the respective parties, and there can be no just pretense that the stipulation did not fully authorize the judgment entered.
Nor do we think the Court erred in vacating the order submitting the motion to set aside the Judgment and allowing further affidavits to .be filed. After a cause has been submitted to a Court for a judgment, it lies very much within its discretion whether the case may be reopened for the mere purpose of hearing further testimony. But, if there…
2Cited by6 opinions
- Clavey v. LordCalifornia Supreme Court · 1891
- Adams v. HartzellNorth Dakota Supreme Court · 1909
- Coleman v. ColemanHawaii Supreme Court · 1885
- Reeves Realty Co. v. BrownSupreme Court of Oklahoma · 1915
- N. Santini & Co. v. PolancoSupreme Court of Puerto Rico · 1923
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