Legal Opinion

Roberts v. Fitzallen

California Supreme Court

Decided March 31, 1898No. L. A. No. 254PublishedCited by 21 opinions

APPEAL from a judgment of the Superior Court of San Diego County. George Puterbaugh, Judge. The facts are stated in the opinion.

1Opinion of the Court

CHIPMAN, C.

Action to foreclose a mortgage. Defendants demurred to the complaint on the ground that the action was .barred by the statute of limitations. (Code Civ. Proc., secs. 336, *483339, 343.) The demurrers were overruled, and defendants failing to answer, their default was duly entered and judgment passed for plaintiff, from which defendant Wells appeals on the judgment-roll alone.

It appears from the complaint that defendant Fitzallen executed his note and mortgage to one L. F. Davis, August 23, 1889; the note was made payable three years from date, “together with .a counsel fee of fifty…

2Cases cited7 opinions

  1. Schmucker v. SibertSupreme Court of Kansas · 1877
  2. Biddel v. BrizzolaraCalifornia Supreme Court · 1883
  3. McKean v. German-American Savings BankCalifornia Supreme Court · 1897
  4. Williams v. NaftzgerCalifornia Supreme Court · 1894
  5. Clemens v. LuceCalifornia Supreme Court · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Bogart v. George K. Porter Co.California Supreme Court · 1924
  2. Everts v. MattesonCalifornia Supreme Court · 1942
  3. Page v. W. W. Chase Co.California Supreme Court · 1904
  4. Recorded Picture Co. [Prods.] Ltd. v. Nelson Entm't, Inc.California Court of Appeal · 1997
  5. Winans v. HareSupreme Court of Oklahoma · 1915

16 more not listed; retrieve them via the Exa API.

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