Clary v. Hoagland
California Supreme Court
On a re-hearing of a petition for a writ of certiorari to the County Court of Yolo. This was an action of forcible entry, and was first brought before this Court in 1852, on appeal from a judgment of the District Court of the Eleventh Judicial District, affirming a judgment of the County Court in favor of the plaintiff.
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On a re-hearing of a petition for a writ of certiorari to the County Court of Yolo. This was an action of forcible entry, and was first brought before this Court in 1852, on appeal from a judgment of the District Court of the Eleventh Judicial District, affirming a judgment of the County Court in favor of the plaintiff. On the appeal to this Court the judgment of the District Court was reversed and judgment entered reversing the judgment of the County Court, and remanding the case for a new trial. 2 Cal. R., 474. In 1855, the case was again brought before this Court by a writ of certiorari,…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.
This case has been several times before us, and now the only point presented is, whether the former judgment of the Court is conclusive upon the rights of the parties, inasmuch as we have since decided that the District Courts have no appellate jurisdiction, and this appeal was originally brought through the District Court to this tribunal.
It is well settled, that when a case has been once taken to an appellate Court, and its judgment obtained on points of law involved,…
2Cited by40 opinions
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- Estate of BairdCalifornia Supreme Court · 1924
- Dodge v. GaylordIndiana Supreme Court · 1876
- Gore v. BingamanCalifornia Supreme Court · 1942
- City of Hastings v. FoxworthyNebraska Supreme Court · 1895
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