Hunter v. Hoole

California Supreme Court

Hunter v. Hoole

17 Cal. 418

CourtCalifornia Supreme Court

DecidedJuly 1, 1861

StatusPublished

Cited by1 cases

This text of 17 Cal. 418 (Hunter v. Hoole) 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

Hunter v. Hoole, 17 Cal. 418 (Cal. 1861).

Pincite

Opinion

Baldwin, J. delivered the opinion of the Court

Field, C. J. concurring.

The Justice, had jurisdiction of the subject, and the mere form in which he entered the judgment, the parties being before the Court, is immaterial, so far as the powers of a Court of Equity are concerned. If the Justice erred in his judgment, upon the merits or as to form, the proper way to correct the error was by appeal; but this error could not be corrected by a proceeding in equity to set aside plaintiff’s judgment upon the facts stated in the complaint.

Judgment reversed, and the Court below ordered to dismiss the proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI

Baldwin, J. delivered the opinion of the Court

Field, C. J. concurring.

The Justice, had jurisdiction of the subject, and the mere form in which he entered the judgment, the parties being before the Court, is immaterial, so far as the powers of a Court of Equity are concerned. If the Justice erred in his judgment, upon the merits or as to form, the proper way to correct the error was by appeal; but this error could not be corrected by a proceeding in equity to set aside plaintiff’s judgment upon the facts stated in the complaint.

Judgment reversed, and the Court below ordered to dismiss the proceedings.

Cite This Page — Counsel Stack

Bluebook (online)

17 Cal. 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-hoole-cal-1861.

Opinion

Related

Cite This Page — Counsel Stack