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Falkner v. Hendy
Supreme Court of California
May 4, 1895
107 Cal. 49
40 P. 21
J. W. FALKNER, E. T. STEEN (Substituted), Respondent,
v.
JOSHUA HENDY et al., Appellants
No. 15644
Supreme Court of California
May 4, 1895
107 Cal. 49 at 54. Rehearing Denied.
Original Opinion of April 4, 1895, Reported at 107 Cal. 49.
OPINION
THE COURT A petition for a modification of the judgment having been filed, the following opinion was rendered thereon on the 4th of May, 1895:
The Court.
Respondent asks us to so modify the judgment herein as to give express direction that the cause be remanded for a new trial.
Such modification is unnecessary, since the effect of the unqualified reversal is to remand the cause for a new trial. (Stearns v. Aguirre , 7 Cal. 443; Argenti v. San Francisco , 30 Cal. 459; Ryan v. Tomlinson , 39 Cal. 639.)
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