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· 6/29/1883

Williams v. Conroy

Citations

  • 2 Cal. Unrep. 192

Syllabus

<p>Appeal—Dismissal.—On Appeal from an Order Denying a New Trial, taken by one of several defendants (being dissatisfied with the adjustment effected by the findings as between him. and his co-defendants rather than as between him and plaintiff), a motion to dismiss made by plaintiff should be denied.</p> <p>New Trial.—Where the Defendants Do not Actually Question the acts of the plaintiff and are satisfied with the findings so far as they concern him (the dissatisfaction being rather so far only as those findings concern the defendants inter se), they cannot justly ask for a new trial, in which, necessarily, plaintiff must be a party, in order to secure a different adjustment.</p>

Judges: Myrick, Sharbstbin

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