Legal Opinion

McCreery v. Everding

California Supreme Court

Decided July 1, 1872No. 2,624PublishedCited by 16 opinions

Appeal from the District Court of the Twelfth Judicial District, City and County of San Eran cisco. The defendants, whose names are given, except John Everding, appealed from the order granting a new trial. The other facts are stated in the opinion.

1Opinion of the Court

By the Court, Belcher, J.:

This is an appeal, taken by a portion of the defendants, from the order granting the plaintiffs’ motion for a new trial.

The appellants make the same points on this appeal that were considered and overruled on the appeal, ante, 246, taken by certain other defendants in the same case.

The appellants make the farther points that the new trial was improperly granted as against the defendant, E. Roper, for the reason that the nonsuit was granted as to him, and that ruling was not specified as one of the errors on which the plaintiffs would rely at the hearing of the…

2Cases cited2 opinions

  1. Judson v. LoveCalifornia Supreme Court · 1868
  2. Gregory v. HaynesCalifornia Supreme Court · 1863

3Cited by16 opinions

  1. Emeric v. AlvaradoCalifornia Supreme Court · 1884
  2. Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
  3. Hogan v. Superior CourtCalifornia Court of Appeal · 1925
  4. Tyrrell v. BaldwinCalifornia Supreme Court · 1885
  5. Phelan v. TylerCalifornia Supreme Court · 1883

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