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· 7/1/1857

Haight v. Gay

Citations

  • 8 Cal. 297

Syllabus

<p>The Legislature has not the power to impair or take away the appellate jurisdiction of this Court, but it has the power to prescribe the mode in which appeals may be taken.</p> <p>In all cases whe?e an appeal is given by the statute, that remedy is exclusive and must he pursued.</p> <p>A writ of error will only lie in cases where no appeal is given by the act of our Legislature.</p> <p>This Court has the power, under its rules, to reinstate cases which have been dimissed at a previous term.</p> <p>A motion for such relief will only be entertained upon a proper showing, and after due notice to respondent.</p>

How courts have described this case

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

  • in no case where improper argument is alleged will the court’s ruling be reversed for not going further than requested
  • grant of a motion for mistrial may be required where the injury is so grave that no act of the court could remove the damaging effect
  • “Where there is a request that the court cause adversary counsel to desist from improper argument or that the court rebuke counsel, or a motion to declare a mistrial, and an adverse ruling is made, there is a basis for review”

Source: CourtListener parenthetical corpus (CC0).

Judges: Burnett, Terry

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.