just and equitable rule (California) · Go Syfert
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just and equitable rule in California

7 California opinions name it 2 courts 1877–2017 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Capuccio v. Cairegreen
cal · 1929 · cited in 4 California opinions naming this issue, 1943–2017
2 sentences

2017Our Supreme Court has spoken on this issue directly, holding that under former section 796, the predecessor to the current partition cost statute, "counsel fees may be allowed ... for services rendered for the common benefit even in contested partition suits." ( Capuccio v. Caire (1932) 215 Cal. 518 , 528-529, 11 P.2d 1097 ( Capuccio ).) In Capuccio , a defendant argued "that the services performed by plaintiff's counsel in connection with the many controverted issues presented by the partition litigation" were not " 'for the common benefit.' " ( Id. at p. 528, 11 P.2d 1097 .) The Supreme Cour

2017Our Supreme Court has spoken on this issue directly, holding that under former section 796, the predecessor to the current partition cost statute, "counsel fees may be allowed ... for services rendered for the common benefit even in contested partition suits." ( Capuccio v. Caire (1932) 215 Cal. 518 , 528-529, 11 P.2d 1097 ( Capuccio ).) In Capuccio , a defendant argued "that the services performed by plaintiff's counsel in connection with the many controverted issues presented by the partition litigation" were not " 'for the common benefit.' " ( Id. at p. 528, 11 P.2d 1097 .) The Supreme Cour

24
Capuccio v. Cairegreen
cal · 1932 · cited in 3 California opinions naming this issue, 1960–2017
2 sentences

2017Our Supreme Court has spoken on this issue directly, holding that under former section 796, the predecessor to the current partition cost statute, "counsel fees may be allowed ... for services rendered for the common benefit even in contested partition suits." ( Capuccio v. Caire (1932) 215 Cal. 518 , 528-529, 11 P.2d 1097 ( Capuccio ).) In Capuccio , a defendant argued "that the services performed by plaintiff's counsel in connection with the many controverted issues presented by the partition litigation" were not " 'for the common benefit.' " ( Id. at p. 528, 11 P.2d 1097 .) The Supreme Cour

2017Our Supreme Court has spoken on this issue directly, holding that under former section 796, the predecessor to the current partition cost statute, "counsel fees may be allowed ... for services rendered for the common benefit even in contested partition suits." ( Capuccio v. Caire (1932) 215 Cal. 518 , 528-529, 11 P.2d 1097 ( Capuccio ).) In Capuccio , a defendant argued "that the services performed by plaintiff's counsel in connection with the many controverted issues presented by the partition litigation" were not " 'for the common benefit.' " ( Id. at p. 528, 11 P.2d 1097 .) The Supreme Cour

23
Riley v. Turpingreen
cal · 1960 · cited in 2 California opinions naming this issue, 2017–2017
2 sentences

2017Our Supreme Court has spoken on this issue directly, holding that under former section 796, the predecessor to the current partition cost statute, "counsel fees may be allowed ... for services rendered for the common benefit even in contested partition suits." ( Capuccio v. Caire (1932) 215 Cal. 518 , 528-529, 11 P.2d 1097 ( Capuccio ).) In Capuccio , a defendant argued "that the services performed by plaintiff's counsel in connection with the many controverted issues presented by the partition litigation" were not " 'for the common benefit.' " ( Id. at p. 528, 11 P.2d 1097 .) The Supreme Cour

2017Our Supreme Court has spoken on this issue directly, holding that under former section 796, the predecessor to the current partition cost statute, "counsel fees may be allowed ... for services rendered for the common benefit even in contested partition suits." ( Capuccio v. Caire (1932) 215 Cal. 518 , 528-529, 11 P.2d 1097 ( Capuccio ).) In Capuccio , a defendant argued "that the services performed by plaintiff's counsel in connection with the many controverted issues presented by the partition litigation" were not " 'for the common benefit.' " ( Id. at p. 528, 11 P.2d 1097 .) The Supreme Cour

12
Randell v. Randellgreen
cal · 1935 · cited in 1 California opinions naming this issue, 1960–1960
2 sentences

1960(See also Rrandell v. Randell (1935), 4 Cal.2d 575, 582 [5] [ 50 P.2d 806 ].) Plaintiff and defendant were the only parties to the present partition litigation, all controversies were between themselves alone, the court allowed counsel fees in the same amount to each party, and it appears that the allowance of such fees to defendant was authorized equally with the allowance of counsel fees to plaintiff.

1960(See also Rrandell v. Randell (1935), 4 Cal.2d 575, 582 [5] [ 50 P.2d 806 ].) Plaintiff and defendant were the only parties to the present partition litigation, all controversies were between themselves alone, the court allowed counsel fees in the same amount to each party, and it appears that the allowance of such fees to defendant was authorized equally with the allowance of counsel fees to plaintiff.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Farnum v. Phoenix Insurance green
cal · 1890
1 sentence

1910Co., 83 Cal. 246 , [ 17 Am.

11910–1910
Bissit v. Kentucky River Navigation Co. neutral
kyed · 1882
1 sentence

1907The just and equitable rule appears to us to be that declared in Bissit v. Kentucky River Navigation Co., 15 Fed. 353 , and Wilson v. Kiesel, 9 Utah, 397 , [ 35 P. 488 ], — i.e. that in such case the plaintiff stockholder must contribute ratably with the defendant stockholders toward the liquidation of his demand against the corporation.

11907–1907
Wilson v. Kiesel neutral
utah · 1894
1 sentence

1907The just and equitable rule appears to us to be that declared in Bissit v. Kentucky River Navigation Co., 15 Fed. 353 , and Wilson v. Kiesel, 9 Utah, 397 , [ 35 P. 488 ], — i.e. that in such case the plaintiff stockholder must contribute ratably with the defendant stockholders toward the liquidation of his demand against the corporation.

11907–1907
Town of Guilford v. . the Supervisors of Chenango County green
ny · 1855
1 sentence

1877(See Cooley on Constitutional Limitations, 232, 233, and 361, and authorities cited in note 1; Cooley on Taxation, 91, 104, 105, 110, 111, and 479; Sharpless v. Mayor &c. of Philadelphia, 21 Pa. St. 147; Town of Guilford v. Sups, of Chenango County, 13 N. Y. 143 ; Creighton v. San Francisco, 42 Cal. 450 ; Sinton v. Ashbury, 41 Cal. 525 ; Beals v. Amadore, 35 Cal. 625 ; Blanding v. Burr, 13 Cal. 343 .) The enabling act, in all its provisions, is supported by reason and justice, by the letter and spirit of the State Constitution, and by the text-books and adjudged cases of the whole country.

11877–1877
People ex rel. Blanding v. Burr green
cal · 1859
1 sentence

1877(See Cooley on Constitutional Limitations, 232, 233, and 361, and authorities cited in note 1; Cooley on Taxation, 91, 104, 105, 110, 111, and 479; Sharpless v. Mayor &c. of Philadelphia, 21 Pa. St. 147; Town of Guilford v. Sups, of Chenango County, 13 N. Y. 143 ; Creighton v. San Francisco, 42 Cal. 450 ; Sinton v. Ashbury, 41 Cal. 525 ; Beals v. Amadore, 35 Cal. 625 ; Blanding v. Burr, 13 Cal. 343 .) The enabling act, in all its provisions, is supported by reason and justice, by the letter and spirit of the State Constitution, and by the text-books and adjudged cases of the whole country.

11877–1877
Sinton v. Ashbury green
cal · 1871
1 sentence

1877(See Cooley on Constitutional Limitations, 232, 233, and 361, and authorities cited in note 1; Cooley on Taxation, 91, 104, 105, 110, 111, and 479; Sharpless v. Mayor &c. of Philadelphia, 21 Pa. St. 147; Town of Guilford v. Sups, of Chenango County, 13 N. Y. 143 ; Creighton v. San Francisco, 42 Cal. 450 ; Sinton v. Ashbury, 41 Cal. 525 ; Beals v. Amadore, 35 Cal. 625 ; Blanding v. Burr, 13 Cal. 343 .) The enabling act, in all its provisions, is supported by reason and justice, by the letter and spirit of the State Constitution, and by the text-books and adjudged cases of the whole country.

11877–1877

Where else courts name it

NY 8 (1839–1932) CA 7 (1877–2017) MO 7 (1894–1987) LA 4 (1866–2013) MN 3 (1885–2014) AL 3 (1932–2001) WA 3 (1905–2025) MD 2 (1895–1956) WI 2 (1981–1992) OR 2 (1929–1946) IN 2 (1874–1892)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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