gno.law

Smith v. Fagan

California Supreme Court · · 1860-07-01 · Published · 17 Cal. 178

SMITH v. FAGANs.

Area
civil
Panel
Joseph G. Baldwin (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 — Baldwin

Baldwin, J. delivered the opinion of the Court Cope, J. concurring.

The order granting a new trial is affirmed. The bill shows a title to relief upon the ground of the plaintiff’s interest, as a stockholder or partner in the joint stock company mentioned therein; entitling him, if the averments were proved, to a decree affirming his interest, and directing an account. The plaintiff was entitled to an account, and we can see no error in the order of the Court’ for a retrial upon the facts, even if we .are. to regard the *182statement as properly before us. If there be no statement, then there is no showing or presumption of error in the action of the Court.

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