Lestrade v. Barth

California Supreme Court

Lestrade v. Barth

17 Cal. 285

CourtCalifornia Supreme Court

DecidedJuly 1, 1861

StatusPublished

Cited by4 cases

This text of 17 Cal. 285 (Lestrade v. Barth) 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

Lestrade v. Barth, 17 Cal. 285 (Cal. 1861).

Pincite

Opinion

Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

The order is affirmed on the authority of Peters v. Foss (16 Cal. 357). We have repeatedly held that it is within the power of the Court below to grant amendments whenever, at any stage of the trial, they are necessary to the purposes of justice. This power should be liberally exercised to secure a fair and speedy trial on the merits, and we do not feel disposed to interfere with the action of the Court below in the exercise of this discretion.

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Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

The order is affirmed on the authority of Peters v. Foss (16 Cal. 357). We have repeatedly held that it is within the power of the Court below to grant amendments whenever, at any stage of the trial, they are necessary to the purposes of justice. This power should be liberally exercised to secure a fair and speedy trial on the merits, and we do not feel disposed to interfere with the action of the Court below in the exercise of this discretion.

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Bluebook (online)

17 Cal. 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lestrade-v-barth-cal-1861.

Opinion

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