12 Cal. 281 | Cal. | 1859
delivered the opinion of the Court—Terry, C. J., concurring.
This was a contest, before a jury of six men, on the ground of fraud.
We think this Court has jurisdiction of this case, on appeal, it being one of the special cases provided for by the 336th section of the Practice Act. We have thought it best expressly to decide this question of practice, in limine, though by taking jurisdiction of, and deciding many cases of this sort, we have given a practical recognition of the principle heretofore.
The case was tried on the issue of fraud, and facts having been
The judgment is reversed, and the cause remanded.