Fox v. Hale & Norcross Silver-Min. Co.

Full title: FOX v. HALE&NORCROSS SILVER-MIN. CO.

Court: Supreme Court of California

Date published: May 9, 1898

5 Cal. Unrep. 980 (Cal. 1898)

5 Cal. Unrep. 980

Opinion

53 P. 169 5 Cal.Unrep. 980 FOX v. HALE & NORCROSS SILVER-MIN. CO. No. S. F. 683 Supreme Court of California May 9, 1898

          In bank. On application for rehearing. Granted.

         For former opinion, see 53 P. 32.

          McFarland and Van Fleet, JJ., dissent.

          OPINION

          PER CURIAM

          The respondent having made an ex parte motion for a modification of the judgment of reversal heretofore given, it is ordered that the said judgment be vacated and set aside in order that the court may consider the application of the respondent for leave to remit a portion thereof, and for an affirmance of the remainder. The rehearing will be limited to this proposition, and the respondent will serve notice of his motion upon the appellants.

          McFARLAND, J.

          I dissent from the whole of the foregoing order.

          VAN FLEET, J.

          I dissent. If the judgment of this court is to be set aside for any purpose, I think the order should be general.