Porter v. Barling

Decided January 15, 1852

California Supreme Court · decided 1852-01-15

The respondent filed her complaint against the appellants, stating, that in December, 1850, the defendants sold her a quantity of merchandise, and the frame, lumber, and materials for a house, for $850, and agreed to deliver the same to the plaintiff when requested; that the plaintiff paid the defendants the $850 at the time of the sale; and that the defendants neglected and refused to deliver the frame, lumber, and materials, but on the contrary, in January, 1851, sold and…

Cited by 1 later decisions — most recently November 1859

1 state decisions

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Decided 1852-01-15

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Justice Murray

¶1delivered the opinion of the Court. This is an appeal from the judgment of the Court below, entered upon the report of a referee. The record does not disclose any objections taken to the report before the Court below. The appellants should have filed their grounds of objection, so as to enable the District Court to correct the error if any existed.

¶2The report of a referee should be taken advantage of by filing written objections to the entry of judgment thereon, or by a motion for a new trial, setting forth the grounds of the alleged error.

¶3Judgment of the Court below affirmed.