Kelly v. Bradbury (1894) · DecisionDepot

Kelly v. Bradbury

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Sep 28, 1894 No. No. 15554Published

Before: Fitzgerald, Haven, McFarland

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Holding. The court reversed the judgment and order appealed from because the respondent failed to file a brief or present oral argument.

Issues

Whether the judgment should be reversed due to the respondent's failure to file a brief or present oral argument.

Disposition. reversed

Quotations verified verbatim against the opinion

“it therefore follows, on the authority of Richter v. Fresno etc. Co., 101 Cal. 582, and Davis v. Hart, 103 Cal. 530, that the judgment and order appealed from should be reversed.”

Synopsis

Appeal from a judgment of tbe Superior Court of tbe City and County of San Francisco.

Tbe facts are stated in tbe opinion of tbe court.

Fitzgerald, J. It appears from tbe record that tbe verdict of tbe jury is assailed by the specifications, on tbe ground of tbe insufficiency of tbe evidence to support it.

There is no brief on file by respondent, nor was tbe case orally argued in his behalf; it therefore follows, on the authority of Richter v. Fresno etc. Co., 101 Cal. 582, and Davis v. Hart, 103 Cal. 530, that the judgment and order appealed from should be reversed.

So ordered

McFarland, J., and De Haven, J., concurred;

Kelly v. Bradbury

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