Donner v. Palmer

Citations

• 45 Cal. 180

Syllabus

<p>Effect of Judgment of Supreme Court.—Where there is an intervention in ejectment, and the intervenor and defendants each take separate appeals from a judgment against them, and from an order denying a new trial, a judgment of the Supreme Court, reversing the order of the Court below denying the intervenor a new trial, and directing the Court below to render judgment that the intervenor is the owner of an undivided one fourth of the demanded premises, and to award him possession thereof, is a definitive determination of the rights of the parties, and authorizes the Court below to render judgment in favor of the intervenor, against both the plaintiff and defendants, for the land thus awarded to him, notwithstanding the judgment and order denying a new trial had been previously affirmed on the appeal of the defendants.</p> <p>Judgment of Supreme Court on Separate Appeals in Same Case.— Where there is an intervention in the ejectment, and the defendant and intervenor each take separate appeals from a judgment in favor of the plaintiff, and from an order denying a new trial, the affirmance of the judgment and order on the appeal of the defendant, does not operate to oust the authority of the Supreme Court to afterwards reverse it on the appeal taken by the intervenor from the order denying his motion for a new' trial.</p>