Rhodes v. Spencer

Application for writ of mandamus to Francis E. Spencer, Superior Judge of Santa Clara County.

The plaintiff was assignee of M. Farrell, an insolvent debtor, and brought his action in the lower Court to set aside an assignment made by Farrell to one William P. Dougherty of a tract of land used as a brick-yard, “together with the implements, material, plant, stock in trade, and live-stock,” used in connection therewith. On the trial special issues were, by consent, submitted to the jury, covering the issues as to fraud and notice on the part of Dougherty, and also with reference to the number of bricks received by him; and the remaining issues, referring to the value of the personal property and the damages suffered by the plaintiff, were left to be disposed of by the Court. A verdict was rendered in favor of the plaintiff, and thereupon the remaining issues were set for hearing by the Court, but before the hearing a new trial of the issues submitted to the jury was granted by the Court on the motion of the defendant.