Stoppelkamp v. Mangeot

[Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material]          42 Cal. 316 at 325.

         Original Opinion of October 1871, Reported at: 42 Cal. 316.

         JUDGES: Wallace, J.

         OPINION

         WALLACE, J.

         [The foregoing opinion was delivered at the April Term, 1869, at which time Mr. Chief Justice Sawyer and Mr. Justice Sanderson were members of the Court. A rehearing was granted, and the following opinion was delivered at the October Term, 1871:]

         By the Court, Wallace, J.:

         Ordered, that the judgment heretofore rendered in this case, directing a modification of the judgment of the Court below, be and the same is hereby set aside; and it is further ordered that the judgment of the Court below be and the same is hereby reversed, and the cause remanded for a new trial; the opinion heretofore filed herein to stand as the opinion of the Court, except as much thereof as authorizes a modification of said judgment.