Swarthout v. Gentry
California Court of Appeal
167 P.2d 501 (1946)
- Written by Jennifer Flinn, JD
Facts
Swarthout (plaintiff) filed a complaint against Gentry (defendant) seeking a dissolution of the parties’ partnership and a partition of real property owned by the parties. Gentry denied that the real property should be partitioned, arguing that the property belonged to the partnership and should be sold with the profits divided between the parties. The trial court entered an order ruling that the real property would be partitioned and appointed three referees to oversee the partition, subject to final approval by the trial court. The referees were ordered to report on easements, rights of way, and any inequities in value of the property awarded to each party, with the trial court having the final determination on these matters. Gentry appealed from the trial court’s order. Swarthout filed a motion to dismiss the appeal, arguing that the trial court’s order was interlocutory and not a final, appealable order.
Rule of Law
Issue
Holding and Reasoning (Marks, J.)
What to do next…
Here's why 815,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.