# O'Brien v. Ballou

> California Supreme Court · March 20, 1897 · 116 Cal. 318

URL: https://www.frixlaw.com/law-library/cases/5448549

## Case

- **Full name:** JOHN O'BRIEN v. S. D. BALLOU
- **Court:** California Supreme Court
- **Decided:** March 20, 1897
- **Citations:** 116 Cal. 318; 48 P. 130; 1897 Cal. LEXIS 545
- **Precedential status:** Published
- **Opinion:** Concurrence by Temple
- **Judges:** Searls, Temple
- **Cited by:** 14 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/5448549

## Opinion text

Temple, J., concurring.
I concur, but I do not think it can properly be said that the judgment is against the defendant as assignee. Defendant could not commit the trespass as assignee, and the recital in the judgment as to his character is simply surplusage. He is properly held personally liable, and it is not of consequence in this case whether he can be reimbursed from the insolvent’s estate or not.
Henshaw, J., concurred.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5448549. Public record. Not legal advice.