California Supreme Court, 1872

Mott v. Foster

California Supreme Court · Decided July 1, 1872

45 Cal. 72

Cases that cite this one

10 later published cases cite this decision.

People v. Merkouris (Cal. 1956)
Wells Fargo & Co. v. City & County of San Francisco (Cal. 1944)
Jenkins v. State (Ark. 1935)
Kellogg v. Winchell (District Court, District of Columbia 1921)
Estate of Cowell v. Minkel (Cal. 1914)
Boca & Loyalton R.R. v. Superior Court of Lassen Cty. (Cal. 1907)
Toy v. Haskell (Cal. 1900)
Coonan v. Loewenthal (Cal. 1900)
Crescent Canal Co. v. Montgomery (Cal. 1899)
Wylie v. Sierra Gold Co. (Cal. 1898)

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 stipulation signed by the plaintiff in person goes for nothing. He had at the time an attorney of record who, as such, had the exclusive management and control of the case. (Board of Commissioners v. Younger, 29 Cal. 149.) The temporary absence of the attorney from the county at the *73time the stipulation of plaintiff was obtained does not affect the rule in this respect or operate the displacement of the attorney of record. It results that the statement, being filed too late, must be disregarded, and, no error appearing on the judgment roll, the judgment and order denying new trial are affirmed. '

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