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Brotherton v. Hart

Supreme Court of California
Oct 1, 1858
11 Cal. 405 (Cal. 1858)

Summary

In Brotherton v. Hart, 11 Cal. 405, it was held that " where a party stipulates that a motion made for a new trial should be denied, he cannot questionthe correctness of the order in this Court."

Summary of this case from Mecham v. McKay

Opinion

         Appeal from the District Court of the Twelfth Judicial District, County of San Francisco.

         COUNSEL:

         D. W. Perley, for Appellants.

          E. A. Lawrence, for Respondent.


         JUDGES: Terry, C. J., at the July Term, 1858, delivered the opinion of the Court. Field, J., concurring.

         OPINION

          TERRY, Judge

         In this case the parties, by stipulation, consented that the motion for a new trial should be denied. Having consented to the order, they cannot now question its correctness. ( Meerholtz v. Sessions, 9 Cal. 277.)

         Judgment affirmed.


Summaries of

Brotherton v. Hart

Supreme Court of California
Oct 1, 1858
11 Cal. 405 (Cal. 1858)

In Brotherton v. Hart, 11 Cal. 405, it was held that " where a party stipulates that a motion made for a new trial should be denied, he cannot questionthe correctness of the order in this Court."

Summary of this case from Mecham v. McKay
Case details for

Brotherton v. Hart

Case Details

Full title:BROTHERTON v. HART et al.

Court:Supreme Court of California

Date published: Oct 1, 1858

Citations

11 Cal. 405 (Cal. 1858)

Citing Cases

Mecham v. McKay

W. Thompson, and Geo. Cadwalader, for Respondent.          In Brotherton v. Hart, 11 Cal. 405, it was held…

Marino v. Kenoff & Machtinger

This doctrine is established in this state by a long line of decisions. (See Imley v. Beard, 6 Cal. 666;…