gno.law

Funkenstein v. Elgutter

California Supreme Court · · 1858-07-01 · Published · 11 Cal. 328

FUNKENSTEIN v. ELGUTTER

Outcome
affirmed — The People ex rel. Jones v. The County Court of El Dorado County (10 Cal. 19) affirmed.
Area
civil
Panel
Stephen J. Field (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Field

1st. The County Court erred in refusing to dismiss the appeal from the judgment of the Justice.

2d. The Court erred in trying the case anew, as there was no issue of fact in the Justice’s Court from which defendants could appeal. Nor could the Court try said cause on questions of law, as appellant had filed no statement of the grounds upon which he intended to rely. The People ex rel. Jones v. The County Court of El Dorado County, 10 Cal. 19.

Field, J., delivered the opinion of the Court— Baldwin, J., concurring.

Ordered that the judgment of the County Court be reversed, with' directions to dismiss the appeal from the Justice’s Court, on the authority of The People v. The County Court of El Dorado Co., 10 Cal. 19.

Cites, in this corpus

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