6 Cal. 452
Decided July 1, 1856
California Supreme Court · decided 1856-07-01
This was a bill filed in the Court below by the appellants, asking to have a certain agreement, entered into between the plaintiffs and defendant, reformed, on the ground of mistake and fraud.
Good law ✅— No negative treatment on recordhow we know
Decided 1856-07-01
Cited by 11 later decisions — most recently March 1976
11 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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¶1Mr. Chief Justice Murray concurred.
¶2Although a party may set up an equitable defence to an action at law, his remedy is not confined to that proceeding. He may let the judgment go at law and file his bill in equity for relief. Our practice, while it enlarges the field of remedy, does not take away pre-existing remedies by implication. «
¶3Judgment reversed and cause remanded.