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Peabody v. Phelps

Peabody v. Phelps, 7 Cal. 53 (1857)
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Court
California Supreme Court · State Highest Courts
Decided
July 1, 1857
Judges
Terry
Citations
7 Cal. 53
Summary
A judgment entered in vacation is void. Appeal from the District Court of the Seventh Judicial District, County of Solano. In this case, judgment was entered against the defendant by the clerk, on the report of a referee, in vacation. This was the judgment sought to be enjoined in the ease of Phelps v. Peabody, decided at this term. Defendant appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Terry

Text extracted by OCR from a scanned original; check the original for exact wording.

Terry, J.,

delivered the opinion of the Court—Burnett, J., concurring.

This case comes fully within the rule established in Smith v. Chichester, 1 Cal., 409 , and reiterated in Coffinberg v. Horrill et al., October T., 1855.

Judgment reversed and cause remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1871–1872: 11877–1878: 118712026peak 1871 · 1

Relies on it most ⓘ

  1. Sedgwick v. Dawkins16 Fla. 198 (1877)
  2. People ex rel. Huston v. Lindsay1 Idaho 394 (1871)

Most recent

  1. Sedgwick v. Dawkins16 Fla. 198 (1877)
  2. People ex rel. Huston v. Lindsay1 Idaho 394 (1871)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Smith v. Chichester, 1 Cal. 409 (1851) 8

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