Durgin v. Neal

Full title: CHARLES S. DURGIN, Respondent, v. JUANA NEAL et al., Appellants

Court: Supreme Court of California

Date published: Mar 1, 1890

82 Cal. 595 (Cal. 1890)

23 P. 133

Opinion

82 Cal. 595 23 P. 133 CHARLES S. DURGIN, Respondent, v. JUANA NEAL et al., Appellants No. 13159 Supreme Court of California March 1, 1890

         Department One

         82 Cal. 595 at 599.

         Original Opinion of January 29, 1890, Reported at 82 Cal. 595.

         JUDGES: Beatty, C. J.

         OPINION

          BEATTY, Judge

The following opinion was rendered by the court in Bank, on petition for rehearing, on the 1st of March, 1890:

         The petition for a rehearing in this case must be denied, irrespective of its merits, for the reason that although filed in Los Angeles before the expiration of the thirty days after the judgment of the Department was pronounced, it did not reach the hands of the court until one day after the expiration of the thirty days within which the order for a rehearing in Bank must be made, if made at all. (Const., art. 6, sec. 2.)