Legal Opinion

Ryan v. Tomlinson

California Supreme Court

Decided July 1, 1870No. 2 121PublishedCited by 15 opinions

Appeal from the District Court of the Eighth District, Humboldt County. The facts are sufficiently stated in the opinion of the Court, and in the report of the case on the former appeal, to be found in 31 Cal. p. 11,

1Opinion of the CourtCrockett, J.

On the former appeal in this case (31 Cal. 11) the only points decided were : First—That the judgment of the County Court, ordering the Trustees of the town to convey the lot in controversy to Duff, Avas void, for the reason that,' before the rendering of the judgment, the plaintiffs in the action, by an order entered of record, had abandoned their claim to the lot and withdraAvn from the contest. We held that this put an end to the action, and that, therefore, the cause Avas not pending Avhen the Court rendered the judgment. Second— That the stipulation signed by the respective counsel of…

2Cases cited4 opinions

  1. Stearus v. AguirreCalifornia Supreme Court · 1857
  2. Argenti v. City of San FranciscoCalifornia Supreme Court · 1866
  3. People v. Ah TiCalifornia Supreme Court · 1858
  4. Ryan v. TomlinsonCalifornia Supreme Court · 1866

3Cited by15 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. SettegastTexas Supreme Court · 1891
  2. Falkner v. HendyCalifornia Supreme Court · 1895
  3. In Re Estate of PuseyCalifornia Supreme Court · 1918
  4. Vaught v. PettyjohnSupreme Court of Kansas · 1919
  5. Markart v. ZeimerCalifornia Court of Appeal · 1925

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