Gilson Quartz Mining Co. v. Gilson

California Supreme Court

Gilson Quartz Mining Co. v. Gilson

47 Cal. 597

CourtCalifornia Supreme Court

DecidedJuly 1, 1874

DocketNo. 3,970

StatusPublished

Cited by13 cases

This text of 47 Cal. 597 (Gilson Quartz Mining Co. v. Gilson) 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

Gilson Quartz Mining Co. v. Gilson, 47 Cal. 597 (Cal. 1874).

Pincite

Opinion

By the Court:

1. The plaintiff having been nonsuited at the trial on July 11th, the “findings of fact and conclusions of law,” filed on the twenty-sixth of July, are without precedent in point of practice.

2. The Court manifestly erred in nonsuiting the plaintiff, who was not bound to return to the defendants the moneys received of them in part satisfaction of the judgment, for the plaintiff is entitled to retain these moneys in any aspect of the case.

[602]*602Nor does it concern the defendants what disposition has been made of the Kenfield stock. If it had been returned to Kenfield, it would not have benefited the defendants in anywise.-

Judgment reversed, and cause remanded for a new trial. Bemittitur forthwith.

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