Hastings v. O'Donnell

California Supreme Court

Hastings v. O'Donnell

40 Cal. 148

CourtCalifornia Supreme Court

DecidedOctober 15, 1870

DocketNo. 2,336

StatusPublished

This text of 40 Cal. 148 (Hastings v. O'Donnell) 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

Hastings v. O'Donnell, 40 Cal. 148 (Cal. 1870).

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Opinion

Sprague, J.,

delivered the opinion of the Court, Ceockett, J., Ehodes, C. J., and Temple, J., concurring :

The facts stated in plaintiff’s complaint do not constitute a cause of action at law, nor do they present a proper [153]*153ground for equitable relief. There i§ no pretense that plaintiff has a right to recover upon the covenants of the deeds of defendant’s intestate, nor are any facts stated upon which a Court of equity could grant the relief prayed for, or any relief whatever, as against Hugh O’Donnell, if living, or the defendant, as administrator of his estate.

Judgment affirmed,

Wallace, J., having been of counsel, did not participate in the decision.

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Sprague, J.,

delivered the opinion of the Court, Ceockett, J., Ehodes, C. J., and Temple, J., concurring :

The facts stated in plaintiff’s complaint do not constitute a cause of action at law, nor do they present a proper [153]*153ground for equitable relief. There i§ no pretense that plaintiff has a right to recover upon the covenants of the deeds of defendant’s intestate, nor are any facts stated upon which a Court of equity could grant the relief prayed for, or any relief whatever, as against Hugh O’Donnell, if living, or the defendant, as administrator of his estate.

Judgment affirmed,

Wallace, J., having been of counsel, did not participate in the decision.

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Bluebook (online)

40 Cal. 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hastings-v-odonnell-cal-1870.