# Himmelmann v. Haskell

> California Supreme Court · July 1, 1873 · 46 Cal. 66

URL: https://www.frixlaw.com/law-library/cases/5438038

## Case

- **Full name:** A. HIMMELMANN v. G. W. HASKELL
- **Court:** California Supreme Court
- **Decided:** July 1, 1873
- **Citations:** 46 Cal. 66
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5438038

## Opinion text

By the Court:
The allegation in the complaint, to which objection is taken under the general demurrer, is as follows: ‘‘That afterwards, to wit: on the 12th day of July, 1865, due notice of said award to said John Henry, and of the particulars thereof, was published, and thereafter continued in the aforesaid newspaper for five successive days thereafter (Sundays excepted).” Upon the authority of Dyer v. North, 44 Cal. 157 , we hold this allegation to be sufficient. The question as to the evidence which will be required to sustain the allegation—whether it must be shown that the Board ordered the award to be published—is not involved in this point.
Judgment reversed and order remanded, with directions to overrule the demurrer to the complaint.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5438038. Public record. Not legal advice.