Tolman v. Smith
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order denying a new trial. The facts are stated in the opinion.
1Opinion of the Court
Hayne, C.
This was a suit to foreclose a mortgage made in Nebraska by the defendants, W. S. Smith and Eunice W. Smith, his wife, upon property in California, to secure a debt payable in Illinois. One Reed filed an intervention for the foreclosure of two prior mortgages upon the property. The trial court gaye judgment for the plaintiff, and the defendant Eunice W. Smith and the intervenor appeal.
1. The former appellant makes a number of points, which we shall consider separately: —
a. We think it clear that there was no misjoinder of causes of action.
b. It was not error to deny the motion for…
2Cases cited30 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Barnes v. . MottNew York Court of Appeals · 1876
- Overholser v. ClarkTennessee Supreme Court · 1850
- Gans v. . ThiemeNew York Court of Appeals · 1883
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
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3Cited by46 opinions
- Collins v. Davis.Supreme Court of North Carolina · 1903
- Spreckels v. SpreckelsCalifornia Supreme Court · 1916
- Blethen v. Pacific Mutual Life InsuranceCalifornia Supreme Court · 1926
- Yesler v. HochstettlerWashington Supreme Court · 1892
- Gnarini v. Swiss American BankCalifornia Supreme Court · 1912
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