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Sharp v. Miller

4 P. 1065, 66 Cal. 98, 2 Cal. Unrep. 400, 1884 Cal. LEXIS 697
CourtCalifornia Supreme Court
DecidedNovember 14, 1884
DocketNo. 7,612
StatusPublished
Cited by16 cases

This text of 4 P. 1065 (Sharp v. Miller) 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
Sharp v. Miller, 4 P. 1065, 66 Cal. 98, 2 Cal. Unrep. 400, 1884 Cal. LEXIS 697 (Cal. 1884).

Opinion

The Court

-The order appealed from in this case is not appealable. The appellant contends that it is a special order made after final judgment. The judgment formerly rendered was reversed, and there was no judgment in the cause, when the order appealed from was made. The reversal of the judgment and order denying (lie motion for a new trial when the cause was here before (see 54 Cal. 829), placed the parties in the lower court in the same position as if the case had never been tried, with the exception that the opinion of this court must be followed so far as applicable in the new trial. (Stearns v. Aguirre, 7 Cal. 447.)

Appeal dismissed.

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Cite This Page — Counsel Stack

Bluebook (online)
4 P. 1065, 66 Cal. 98, 2 Cal. Unrep. 400, 1884 Cal. LEXIS 697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sharp-v-miller-cal-1884.