From Casetext: Smarter Legal Research

People v. Holladay

Supreme Court of California
Jun 8, 1894
102 Cal. 661 (Cal. 1894)

Opinion

         Department Two

         Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial.

         COUNSEL:

         Attorney General W. H. H. Hart, Craig & Meredith, and William Matthews, for Appellant.

          S. W. & E. B. Holladay, and Mastick, Belcher & Masick, for Respondents.


         JUDGES: McFarland, J. De Haven, J., and Fitzgerald, J., concurred.

         OPINION

          McFARLAND, Judge

         This is an appeal by plaintiff from a judgment in favor of defendants, and from an order denying plaintiff's motion for a new trial.

         The litigation is about the ownership of a piece of land in the city of San Francisco, which respondents claim to own, and which, according to appellants' contention, was dedicated to public use as a park. The litigation has been in progress under various forms for over thirty years, and has generally resulted favorably to respondents herein. This present case was here before on an appeal by the present respondents; and the decision on that appeal is to be found in 93 Cal. 243, 27 Am. St. Rep. 186. By that decision it was definitely determined, [36 P. 928] and it has become the law of the case, that the present respondents are the owners of the undivided nineteen-twentieths of the land in contest; but an order of the lower court granting a new trial was affirmed, because the judgment erroneously included the other twentieth, which was not involved in the action. When the remittitur went down the defendants (respondents herein) filed a supplemental answer which put the said one-twentieth in the same category with the other nineteen-twentieths, so that the said decision on the former appeal applied to the whole of the property. On the present appeal there are no new points made which require notice. In the opinion of the court on the former appeal, delivered by Mr. Justice De Haven, the points upon which the case turns were fully discussed, and it would be useless to restate here the views there expressed. For the reasons given in that opinion the judgment and order must be affirmed.

         The judgment and order appealed from are affirmed.


Summaries of

People v. Holladay

Supreme Court of California
Jun 8, 1894
102 Cal. 661 (Cal. 1894)
Case details for

People v. Holladay

Case Details

Full title:THE PEOPLE, Appellant, v. S.W. HOLLADAY et al., Respondents

Court:Supreme Court of California

Date published: Jun 8, 1894

Citations

102 Cal. 661 (Cal. 1894)
36 P. 927

Citing Cases

Reis v. Graff

The assessment and all the proceedings having been void, for the reason of there having been no binding…

Hayden v. Consolidated Mining and Dredging Company

It is well settled that instructions given by the court must be read together as a whole, and are sufficient…