Legal Opinion

Donner v. Palmer

California Supreme Court

Decided July 1, 1872No. 3,234PublishedCited by 4 opinions

Appeal from the District Court of the Twelfth Judicial District, City and Cdhnty of San Francisco. The principal facts of this case are found in a report of the same, on the first appeal reported, in 31 Cal. 500. The intervenor, Bradley, in his complaint, averred that he was the owner of the undivided one fourth of the demanded premises, and that the defendants unlawfully entered and ousted him.

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Appeal from the District Court of the Twelfth Judicial District, City and Cdhnty of San Francisco. The principal facts of this case are found in a report of the same, on the first appeal reported, in 31 Cal. 500. The intervenor, Bradley, in his complaint, averred that he was the owner of the undivided one fourth of the demanded premises, and that the defendants unlawfully entered and ousted him. He prayed that he might be allowed to become a party to the action, by joining the plaintiff in claiming the relief which was sought by the complaint, and that he might have judgment for the…

1Opinion of the Court

By the Court:

1. Upon looking into the judgment of the Court below of May 31st, 1871, rendered there upon the return of the cause, we are of opinion that that judgment was rendered in conformity with the mandate of this Court, as contained in the remittitur of July 29th, 1870.

2. There can be no doubt that the judgment rendered, here on July 29th, 1870, was a definitive determination of the rights of the parties in the ease.

The parties—the plaintiff, the defendants, and the intervenor—were before this Court upon the appeal taken by the latter from the judgment of December 20th, 1865, and from…

2Cited by4 opinions

  1. M. H. Lauchheimer & Sons v. CoopTexas Supreme Court · 1905
  2. Thorpe v. North Moneta Garden Lands Water Co.California Court of Appeal · 1909
  3. M. H. Lauchheimer & Sons v. CoopTexas Supreme Court · 1905
  4. Palmer v. LowU.S. Circuit Court for the District of California · 1872

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