Chipman v. Hibbard

Decided July 1, 1857

California Supreme Court · decided 1857-07-01

This was a bill in equity filled in the Fourth Judicial District, setting forth the circumstances under which the defendant Hibbard had obtained a judgment in ejectment in the District Court of the Third Judicial District, against the plaintiffs in this suit, and praying, among other things, that the defendant Hibbard, and his co-defendant Emeric, (who, it was charged, was interested in that judgment,) be required, under the pain of a perpetual injunction, restraining them…

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-01

How this case has been cited

Cited by 7 later decisions — most recently July 1924

3 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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Burnett, J., delivered the opinion of the Court—Terry, C. J., concurring.

¶1This is a bill in equity for a new trial, in an action of ejectment, on the ground of excessive damages, the remedy by motion for a new trial having been lost, without the fault, as is alleged, of the plaintiff. The ejectment suit was tried in the *271Third District Court, and this bill is filed in the Fourth District Court.

¶2We decided in the late case of Ricketts and Wife v. Johnson and others, that a Court of co-ordinate jurisdiction could not entertain proceedings to restrain the judgments of another. The plaintiffs should have proceeded before the District Court of the Third District.

¶3Judgment affirmed.