Cross v. Zane

California Supreme Court

Cross v. Zane

45 Cal. 89

CourtCalifornia Supreme Court

DecidedJuly 1, 1872

DocketNo. 3,283

StatusPublished

This text of 45 Cal. 89 (Cross v. Zane) 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

Cross v. Zane, 45 Cal. 89 (Cal. 1872).

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Opinion

By the Court:

The order, which is the subject of the appeal in this case, was not made upon affidavits alone, and it therefore does not [90]*90fall within the exception in section three hundred and forty-three of the Practice Act. Under the provisions of the Practice Act and the rule upon the subject announced in JELaggin v. Clark, 28 Cal. 162, and uniformly adhered to since, we cannot disturb the order upon the record before us, and it is therefore affirmed.

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By the Court:

The order, which is the subject of the appeal in this case, was not made upon affidavits alone, and it therefore does not [90]*90fall within the exception in section three hundred and forty-three of the Practice Act. Under the provisions of the Practice Act and the rule upon the subject announced in JELaggin v. Clark, 28 Cal. 162, and uniformly adhered to since, we cannot disturb the order upon the record before us, and it is therefore affirmed.

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Bluebook (online)

45 Cal. 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cross-v-zane-cal-1872.

Opinion

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