California Supreme Court, 1860

Smith v. Fagan

Smith v. Fagan
California Supreme Court · Decided July 1, 1860 · Baldwin
17 Cal. 178
Smith v. Fagan

Cases that cite this one

2 later published cases cite this decision.

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

Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

The order granting a new trial is affirmed. The bill shows a title to relief upon the ground of the plaintiff’s interest, as a stockholder or partner in the joint stock company mentioned therein; entitling him, if the averments were proved, to a decree affirming his interest, and directing an account. The plaintiff was entitled to an account, and we can see no error in the order of the Court’ for a retrial upon the facts, even if we .are. to regard the *182statement as properly before us. If there be no statement, then there is no showing or presumption of error in the action of the Court.

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