California Supreme Court, 1858

Primm v. Gray

California Supreme Court · Decided July 1, 1858 · Terry

10 Cal. 522

Cases that cite this one

2 later published cases cite this decision.

Pettigrew v. . McCoin (N.C. 1914)
Whelan v. Rio Grande Western Ry. Co. (U.S. Circuit Court for the District of Montana 1901)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Terry, C. J., delivered the opinion of the Court

Field, J., and Baldwin, J., concurring.

The first and second assignments of error are not supported by the record.

The third is not well taken. To support a plea in abatement *523founded on the pendency of a prior action, it is necessary to show that process was issued in such action. (See Weaver v. Conger, 10 Cal.)

The fourth is not supported by the record. Upon the whole, it appears that the appeal was taken merely for delay, and the judgment is affirmed, with ten per cent, damages.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.