California Supreme Court, 1861

Brooks v. Calderwood

California Supreme Court · Decided July 1, 1861 · Field

19 Cal. 124

Cases that cite this one

4 later published cases cite this decision.

Estate of Hanley v. Hanley (Cal. 1943)
Schlyen v. Schlyen (Cal. 1954)
Athey v. Oregon Short Line Railroad (Idaho 1917)
State ex rel. Combination Silver Mining Co. v. Curler (Nev. 1868)

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

Field, C. J.

Cope, J. concurring.—Ordered Ordered that the appeal be dismissed, on the authority of the case cited by the respondent.

*125Subsequently, appellant applied for a rehearing, contending that by stipulation the case was submitted on its merits.

Field, C. J. delivered the opinion of the Court —Cope, J. concurring.

As no appeal lies from the order refusing to transfer the cause to the Circuit Court of the United States for trial, this Court has no jurisdiction to pass upon the merits of the application of the defendant, even with the stipulation of the parties. It will be time enough to consider the merits when the case is properly before us.

Rehearing denied.

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