Legal Opinion

Mace v. O'Reilley

California Supreme Court

Decided July 28, 1886No. 11385PublishedCited by 26 opinions

Appeal from an order of the Superior Court of Los Angeles County vacating a judgment. The facts are stated in the opinion.

1Opinion of the Court

Foote, C.

Mace brought an action for malicious prosecution against O’Reilley, claiming five thousand dollars damages.

The cause was tried by the court without a jury, and an order for judgment for one hundred dollars entered in the minute-book of the trial court in favor of the plaintiff, but no findings were filed or waived, and no final judgment ever entered. The order for judgment was made on the 16th of September, 1884. On the 19th of January, 1885, plaintiff moved the court to set the cause for trial, assuming that such was the proper course to pursue. That motion was denied by the court,…

2Cases cited4 opinions

  1. Wiggin v. Superior CourtCalifornia Supreme Court · 1886
  2. Macnevin v. MacnevinCalifornia Supreme Court · 1883
  3. Savings & Loan Society v. ThorneCalifornia Supreme Court · 1885
  4. Van Court v. WintersonCalifornia Supreme Court · 1882

3Cited by26 opinions

  1. Dawson v. Wright, Mayor, Etc.Indiana Supreme Court · 1955
  2. Broder v. ConklinCalifornia Supreme Court · 1893
  3. State Ex Rel. Harp v. Vanderburgh Circuit CourtIndiana Supreme Court · 1949
  4. Martello v. Superior Court of CaliforniaCalifornia Supreme Court · 1927
  5. Wainwright v. P. H. & F. M. Roots Co.Indiana Supreme Court · 1912

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