17 Cal. 285
Decided July 1, 1861
California Supreme Court · decided 1861-07-01
Ejectment for a portion of fifty-vara lot, No. 48, in San Francisco, fronting on Pacific street, and commencing one hundred and sixty-seven and one-half feet from the west line of Kearny street, as now located—and according to the present map of the city of San Francisco—and running westerly twenty-six and one-half feet. Plaintiff claims by deed from the heirs of V. Bennett, the original • grantee of the lot from the Alcalde of San Francisco, in February, 1847.
Relies on Peters v. Foss
Good law ✅— No negative treatment on recordhow we know
Decided 1861-07-01
Cited by 7 later decisions — most recently June 1936
7 state decisions
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.
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¶1Cope, J. concurring.
¶2The order is affirmed on the authority of Peters v. Foss (16 Cal. 357). We have repeatedly held that it is within the power of the Court below to grant amendments whenever, at any stage of the trial, they are necessary to the purposes of justice. This power should be liberally exercised to secure a fair and speedy trial on the merits, and we do not feel disposed to interfere with the action of the Court below in the exercise of this discretion.