Connalley v. Peck
California Supreme Court
Appeal from the Fifth Judicial District, San Joaquin County. .The complaint sets forth that the plaintiff obtained judgment in the District Court against defendant, on the 3d February, 1851, for $3921, with interest at eight per cent, per month, which was duly recorded, February 6th, 1851. That he issued several executions thereon without effect, and on the 13th September, issued an alias execution to the sheriff of San Joaquin County, who levied on a lot in the city of…
Read the full summary
Appeal from the Fifth Judicial District, San Joaquin County. .The complaint sets forth that the plaintiff obtained judgment in the District Court against defendant, on the 3d February, 1851, for $3921, with interest at eight per cent, per month, which was duly recorded, February 6th, 1851. That he issued several executions thereon without effect, and on the 13th September, issued an alias execution to the sheriff of San Joaquin County, who levied on a lot in the city of Stockton, of which the plaintiff became the purchaser, at sheriff’s sale, on the 9th October, 1850, and holds the sheriff’s…
1Opinion of the CourtHeydenfeldt, Justice
In the examination of this case, two positions appear to be very clear; first, that the proof does not sustain the allegations of the bill; second, that by the proof, the complainant is entitled to relief in a court of equity, if his pleadings had been properly proved.
The question, therefore, for consideration, is, whether the chancellor acted properly in dismissing the bill, or if he should not; at the hearing, have directed an amendment of the bill, or leave to file a supplemental bill.
As the latter course would save expense, and circuity of action, it is in my opinion the better, if it can…
2Cited by6 opinions
- Farmers' Natl. Gold Bank v. StoverCalifornia Supreme Court · 1882
- Burns v. ScooffyCalifornia Supreme Court · 1893
- Berry v. HullNew Mexico Supreme Court · 1892
- Reynolds v. MeadCalifornia Court of Appeal · 1944
- Perea v. GallegosNew Mexico Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.