(Download) "Golden Gate Bridge and Highway District v. Felt" by Supreme Court Of California In Bank " eBook PDF Kindle ePub Free
eBook details
- Title: Golden Gate Bridge and Highway District v. Felt
- Author : Supreme Court Of California In Bank
- Release Date : January 25, 1931
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 89 KB
Description
SHENK, J. Prohibition. From January 12 to 18, 1933, an action entitled " J. J. Schumacher v. E. M. Allison, Vitimin Milling Corporation, et al., No. 331685", was on trial with a jury in department eleven of the Superior Court in and for Los Angeles County. On January 18th, when both sides had rested, a motion for a directed verdict was made on behalf of the defendant Vitimin Milling Corporation, petitioner herein. The motion was granted. A similar motion was made on behalf of other defendants and denied. As to the petitioner the following minute order was entered: "Motion of defendant, Vitimin Corporation, a corporation, for an instructed verdict is granted.. ." The jury was instructed and retired for deliberation at 4:17 P.M. on January 18th. At 9:45 P.M. of the same day the jury returned to the court and reported inability to agree upon a verdict, whereupon, by stipulation, an order was entered in the minutes that "it appearing to all concerned the jury is unable to reach a verdict, the jurors are discharged from the case and a mistrial is ordered". Thereafter on January 20th the judge of department eleven signed and filed an order "that the motion for a directed verdict, made by counsel in behalf of the defendant Vitimin Milling Corporation, be granted". The cause was set down for retrial as to all defendants in department sixteen and came on regularly for trial in that department on May 3, 1933, before the respondent judge. During the trial then in progress and on May 4th the judge of department eleven signed and filed a purported judgment reciting the fact that an order had been made in said action granting a motion for a directed verdict as to the petitioner and wherein it