Angus v. Plum

California Supreme Court

Angus v. Plum

121 Cal. 608

CourtCalifornia Supreme Court

DecidedAugust 3, 1898

DocketS. F. No. 1135

StatusPublished

This text of 121 Cal. 608 (Angus v. Plum) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Angus v. Plum, 121 Cal. 608 (Cal. 1898).

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Opinion

THE COURT.

The judgment in this case must be affirmed on the authority of San Gabriel Co. v. Witmer Co., 96 Cal. 623. The clause of the constitution upon which the rights of parties depend was construed in that case, and the court was very evenly divided. We are now asked to overrule the decision then made, but, whether that decismn was right or wrong, it has been since acted upon, and was acted upon by the parties to this contro[609]*609versy, and we consider that it is protected by the rule of stare decisis.

J udgment affirmed.

Temple, J., dissented.

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THE COURT.

The judgment in this case must be affirmed on the authority of San Gabriel Co. v. Witmer Co., 96 Cal. 623. The clause of the constitution upon which the rights of parties depend was construed in that case, and the court was very evenly divided. We are now asked to overrule the decision then made, but, whether that decismn was right or wrong, it has been since acted upon, and was acted upon by the parties to this contro[609]*609versy, and we consider that it is protected by the rule of stare decisis.

J udgment affirmed.

Temple, J., dissented.

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121 Cal. 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angus-v-plum-cal-1898.

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