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Zane v. Crowe

Supreme Court of California
Jan 1, 1854
4 Cal. 112 (Cal. 1854)

Opinion


4 Cal. 112 JOHN P. ZANE, Appellant, v. JOHN CROWE, Respondent Supreme Court of California January, 1854

         Appeal from the Fourth Judicial District.

         JUDGES: Mr. Ch. J. Murray delivered the opinion of the Court. Mr. J. Heydenfeldt concurred.

         OPINION

          MURRAY, Judge

         This appeal is prosecuted from an order of the Court below granting a new trial.

         The decision of the Court is based upon the fact that the cause was tried by the Court without a jury.          The record shows the defendant did not appear at the time of trial. The 179th section of the Practice Act provides that a trial by jury shall be waived " by failing to appear at the trial."

         The attention of the Court could not have been directed to this section. The language is too explicit to admit of more than one construction; and the mere act of filing an answer does not operate as an appearance at the trial .

         Judgment reversed.


Summaries of

Zane v. Crowe

Supreme Court of California
Jan 1, 1854
4 Cal. 112 (Cal. 1854)
Case details for

Zane v. Crowe

Case Details

Full title:JOHN P. ZANE, Appellant, v. JOHN CROWE, Respondent

Court:Supreme Court of California

Date published: Jan 1, 1854

Citations

4 Cal. 112 (Cal. 1854)

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