Opinion

Sharon v. Sharon, 11991 (Cal. 7-17-1889)

  • 79 Cal. 633
  • 22 P. 26
  • 1889 Cal. LEXIS 789
Court
California Supreme Court
Filed
Jul 17, 1889
Status
Published
On the bench
McFarland, Paterson, Fox, Works
Cited by
134 cases

Limited by Wixson v. Devine, 80 Cal. 385 (1889)

stating a party must make a supplemental disclosure “if the party learns 23 that in some material respect the disclosure or response is incomplete or incorrect” unless 24 “the additional or corrective information has . . . otherwise been made known to the other 25 parties during the discovery process or in writing”

How later courts described this case

  • stating a party must make a supplemental disclosure “if the party learns 23 that in some material respect the disclosure or response is incomplete or incorrect” unless 24 “the additional or corrective information has . . . otherwise been made known to the other 25 parties during the discovery process or in writing”

Written by the judges who cited it.

Later courts went against this

  • Limited by Wixson v. Devine, 80 Cal. 385 (1889)

    We have recently, in Sharon v. Sharon, 79 Cal. 633, had occasion to consider this doctrine of the law of the case, which means, as we understand it, that the court having erroneously decided some matter of law will always stand by the error in that case, though it will not allow it to be a precedent in another, and we there determined that the doctrine had nothing to commend it to the favor of the court, an
    California Supreme CourtSep 3, 1889Read it

The opinion

McFarland, J., concurring.

—I concur in the judgment. I also concur in all the points decided in the opinion of Mr. Justice Works, and in nearly everything that is said in that opinion. It is barely possible, however, that the opinion might be construed as indicating that the decision of this court on the appeal from the ( judgment was correct,—that is, that the findings support the judgment of the court below, and that its invalidity appears only upon a review of the evidence upon this appeal from the order denying a new trial. I could not

*682

concur in that view. I am as fully convinced now as I was on the other appeal that the findings present a case of logical

felo de se;

and show conclusively on their face that the parties did

not

commence “living and cohabiting together in the way usual with married people,” and had

not “

mutually assumed toward each other marital rights, duties, and obligations.”' In all other respects I concur in the opinion of Mr. Justice Works.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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