Feely v. Shirley
Cases that cite this one
4 later published cases cite this decision.
- Hawley v. Kocher (Cal. 1898)
- Spence v. Scott (Cal. 1893)
- Thomas v. State (Ark. 1891)
- Thomas v. State (Ark. 1888)
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
By the Court,
The ruling of the Court in striking out a portion of the answer cannot be reviewed upon this appeal, since it forms no part of the judgment roll. (Dimmick v. Campbell, 31 Cal. 238; Moore v. Del. Valle, 28 Cal. 174.)
The motion for a nonsuit was properly denied. The breaking of the flume was distinctly alleged in the complaint, and the answer took issue upon the wrongful character of the act merely, but did not deny its commission. The breaking was, therefore, an admitted fact; and, conceding the plaintiff’s light of property in the flume, no proof of
The testimony in the case was conflicting, and there appears sufficient testimony to support the findings of the Court upon all the issues made by the pleadings.
Judgment and ordér affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.