Smith v. Fagan

17 Cal. 178

Opinion

Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

The order granting a new trial is affirmed. The bill shows a title to relief upon the ground of the plaintiff’s interest, as a stockholder or partner in the joint stock company mentioned therein; entitling him, if the averments were proved, to a decree affirming his interest, and directing an account. The plaintiff was entitled to an account, and we can see no error in the order of the Court’ for a retrial upon the facts, even if we .are. to regard the statement as properly before us. If there be no statement, then there is no showing or presumption of error in the action of the Court.