Treadway v. James

California Supreme Court

Treadway v. James

57 Cal. 137

CourtCalifornia Supreme Court

DecidedJuly 1, 1880

DocketNo. 6,884

StatusPublished

Cited by1 cases

This text of 57 Cal. 137 (Treadway v. James) 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

Treadway v. James, 57 Cal. 137 (Cal. 1880).

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Opinion

Thornton, J.:

The plaintiffs in this case showed that they were entitled to at least nominal damages. Their cattle, when in a very poor condition, and in a dry season when there was no food for them except at a distance, were excluded by the defendants from land where the plaintiffs had a right to have them, from which a cause of action arose, and by which they suffered some damage. The nonsuit was improperly granted, and the judgment and order denying defendants’ motion for a new trial are consequently reversed, and the cause remanded for a new trial.

Sharpstein, J., and Myrick, J., concurred.

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Thornton, J.:

The plaintiffs in this case showed that they were entitled to at least nominal damages. Their cattle, when in a very poor condition, and in a dry season when there was no food for them except at a distance, were excluded by the defendants from land where the plaintiffs had a right to have them, from which a cause of action arose, and by which they suffered some damage. The nonsuit was improperly granted, and the judgment and order denying defendants’ motion for a new trial are consequently reversed, and the cause remanded for a new trial.

Sharpstein, J., and Myrick, J., concurred.

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Bluebook (online)

57 Cal. 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/treadway-v-james-cal-1880.

Opinion

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