People v. Doss

California Supreme Court Jul 1, 1870 No. No. 2,174Published

Before: Rhodes, Sprague

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Holding. The court reversed the judgment and remanded the cause with directions to overrule the demurrer, based on the authority of a prior decision in the same case.

Issues

Whether the judgment should be reversed and the demurrer overruled based on the authority of a prior decision.
Whether the appeal should be dismissed for want of jurisdiction.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“judgment reversed and cause remanded; with directions to overrule the demurrer.”

“the appeal should, in my opinion, for reasons in that case assigned, be dismissed for want of jurisdiction.”

Rhodes, C. J., delivered the opinion of the Court, Wallace, J., Temple, J., and Crockett, J., concurring:

Upon the authority of People v. Doss (No. 2,170), decided at the present term, judgment reversed and cause remanded; with directions to overrule the demurrer.

By Sprague, J.: This case is essentially like People v. Doss (No. 2,170), and the appeal should, in my opinion, for reasons in that case assigned, be dismissed for want of jurisdiction.

People v. Doss

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