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2 Cal. Unrep. 364

Fleming v. Hawley

California Supreme Court

Decided September 1, 1884

California Supreme Court · decided 1884-09-01

This was an action for the recovery of certain flasks of quicksilver. Defendant denied plaintiff’s right to the same, claiming ownership in himself. The Empire G. & S. M. Co., being allowed to intervene, claimed possession and ownership in itself, which was denied by both plaintiff and defendant.

Decided 1884-09-01

By the COURT.

¶1We cannot say the court below abused its discretion in refusing a continuance of the trial of the cause. Nor, under the circumstances appearing, can we hold as error the refusal of the court to permit the dismissal of the complaint in intervention. There was no judgment against the intervener for costs, as seems to be supposed by counsel.

¶2Judgment and orders affirmed.

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