Smiley v. Thrall

San Fran. Dist Ct

Smiley v. Thrall

2 Cal. Dist. Ct. 74

DecidedDecember 15, 1857

StatusPublished

This text of 2 Cal. Dist. Ct. 74 (Smiley v. Thrall) is published on Counsel Stack Legal Research, covering San Fransisco District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smiley v. Thrall, 2 Cal. Dist. Ct. 74 (sfdistct 1857).

Pincite

Opinion

Norton, J.

— This plea is of the nature of what under the old system of pleading, is the plea puis darrein continuance, and as such, is of itself a waiver of all pleas which may theretofore as matter of defense, have been interposed. Plaintiff by his stipulation has merely agreed that it may be interposed, but has not affected thereby his right to take advantage of all its legal effects and consequences. Defendant may, however, if he see fit, withdraw the plea and proceed to trial upon the issues raised by his original answer.

The plea was withdrawn, and the action tried on the former issues.

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Norton, J.

— This plea is of the nature of what under the old system of pleading, is the plea puis darrein continuance, and as such, is of itself a waiver of all pleas which may theretofore as matter of defense, have been interposed. Plaintiff by his stipulation has merely agreed that it may be interposed, but has not affected thereby his right to take advantage of all its legal effects and consequences. Defendant may, however, if he see fit, withdraw the plea and proceed to trial upon the issues raised by his original answer.

The plea was withdrawn, and the action tried on the former issues.

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Bluebook (online)

2 Cal. Dist. Ct. 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smiley-v-thrall-sfdistct-1857.