Coyle v. Baldwin

California Supreme Court

Coyle v. Baldwin

5 Cal. 75

CourtCalifornia Supreme Court

DecidedJuly 1, 1855

StatusPublished

Cited by1 cases

This text of 5 Cal. 75 (Coyle v. Baldwin) 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

Coyle v. Baldwin, 5 Cal. 75 (Cal. 1855).

Pincite

Opinion

Heydenfeldt, J., delivered the opinion of the Court.

Murray, C. J., concurred.

The County Court reversed the judgment of the Justice of the Peace, on motion—upon the ground that it did not appear that the defendants had notice of the trial.

This was erroneous ; the parties were in the County Court on appeal, for the purpose of trying the case de novo, and it was the duty of the Court to proceed with the trial on the merits of the case.

The judgment of dismissal is reversed, and the cause remanded for trial in the County Court.

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Heydenfeldt, J., delivered the opinion of the Court.

Murray, C. J., concurred.

The County Court reversed the judgment of the Justice of the Peace, on motion—upon the ground that it did not appear that the defendants had notice of the trial.

This was erroneous ; the parties were in the County Court on appeal, for the purpose of trying the case de novo, and it was the duty of the Court to proceed with the trial on the merits of the case.

The judgment of dismissal is reversed, and the cause remanded for trial in the County Court.

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Bluebook (online)

5 Cal. 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coyle-v-baldwin-cal-1855.

Opinion

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