Kimball v. Semple

California Supreme Court Mar 14, 1870 No. No. 1558Published

Before: Crockett, Rhodes, Sprague, Wallace

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Holding. The court affirmed the order of the district court because the participating judges were equally divided in opinion.

Issues

Whether the order of the district court should be affirmed or reversed when the court is equally divided.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the other judges being equally divided in opinion whether the order of the district court should be affirmed or reversed, it is therefore ordered, in accordance with the practice of the court in such cases, that the order of the district court be affirmed.”

By the COURT. — Justice Temple having been of counsel in this cause, and therefore disqualified from participating in the decision, and the other judges being equally divided in opinion whether the order of the district court should be affirmed or reversed, it is therefore ordered, in accordance with the practice of the court in such cases, that the order of the district court be affirmed.

Crockett, J. Wallace, J. Rhodes, C. J. Sprague, J.

Kimball v. Semple

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