Parker v. Altschul
This text of 60 Cal. 380 (Parker v. Altschul) 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.
Opinion
The decree recites that the action was dismissed as to some of the defendants. If any of the other defendants had objected to such dismissal, it would seem upon the authority of Clark v. Porter, 53 Cal. 409; Diggins v. Reay, 54 Cal. 525; Harney v. Applegate, 57 Cal. 205; Tobleman v. Roper, 7 P. C. L. J. 561, that the objection would have been well taken. But for anything appearing to the contrary such dismissal may have been consented to by the appellant.
All presumptions are in favor of the correctness of the proceedings of courts of general jurisdiction, and as the consent of the defendants would have justified the order of the Court, we must presume that such consent was given, there being nothing in the record to show that it was not.
Judgment affirmed.
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Cite This Page — Counsel Stack
60 Cal. 380, 1882 Cal. LEXIS 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-altschul-cal-1882.