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· 7/1/1855

Cunningham & Brummagim v. Harris

Citations

  • 5 Cal. 81

Syllabus

<p>A sued B for twenty-two head of cattle and two wagons, and recovered a verdict for twelve head and the wagon, which was accepted by A, and allowed to stand. ■ C, who held under B,was afterwards sued by Afor the remainder of the cattle. TIdcl. that if A had commenced another suit against B, his former recovery would have been a complete bar to the action, and that if B could plead the former recovery in bar, so could C, who claimed immediately through B.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • failure to observe directory provisions of election statutes will not, in the absence of fraud, nullify an election that shows a fair and honest expression of the elector’s will
  • “ ‘to upset an election because the election officers have failed to strictly comply with the law, where it appears that no harm has been done thereby, would be to encourage irregularities committed for the very purpose of invalidating elections’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Heydenfeldt

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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