¶1It appearing in the record here to be conceded as a fact that in the action of Casey v. McCreary the equitable defense interposed by the latter was virtually dismissed with out being presented to or considered by the Court in rendering the judgment on that case, the judgment so rendered is not a bar to this action; the Court below therefore did not err in granting a new trial, and (without expressing an opinion as to the sufficiency of the complaint—a question which though argued by counsel is not involved in the appeal) the order is affirmed.
45 Cal. 128
McCreary v. Casey
Decided July 1, 1872
California Supreme Court · decided 1872-07-01
In an action commenced in 1870 the defendant in this case sued the plaintiff in ejectment for the possession of certain land to which he had obtained title by a patent from the United States.
Good law ✅— No negative treatment on recordhow we know
Decided 1872-07-01
How this case has been cited
Cited by 4 later decisions — most recently November 1928
4 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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