Public-domain · open source
OpenJurist

116 Cal. 318

O'Brien v. Ballou

California Supreme Court

Decided March 20, 1897

California Supreme Court · decided 1897-03-20

<p>Appeal from a judgment of the Superior Court of San Luis Obispo County and from an order denying a new trial. V. A. Gregg, Judge.</p> <p>The facts are stated in the opinion.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1897-03-20

How this case has been cited

Cited by 15 later decisions — most recently September 1981

2 federal appellate · 13 state decisions

501897190019101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Temple, J., concurring.

¶1I concur, but I do not think it can properly be said that the judgment is against the defendant as assignee. Defendant could not commit the trespass as assignee, and the recital in the judgment as to his character is simply surplusage. He is properly held personally liable, and it is not of consequence in this case whether he can be reimbursed from the insolvent’s estate or not.

¶2Henshaw, J., concurred.

/116/cal/318 · .json · Public domain