Kinsey v. Wallace
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The plaintiff was indebted to Weaver, Wooster, and Sanderson in the sum of three thousand five hundred and seventy-two dollars and seventy-five cents, and on the 28th day of April, 1866, to secure the payment of the same, made and delivered to Weaver, Wooster & Co. his mortgage upon property in Santa Cruz County, for the payment of the money one year from the date of the mortgage.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The plaintiff was indebted to Weaver, Wooster, and Sanderson in the sum of three thousand five hundred and seventy-two dollars and seventy-five cents, and on the 28th day of April, 1866, to secure the payment of the same, made and delivered to Weaver, Wooster & Co. his mortgage upon property in Santa Cruz County, for the payment of the money one year from the date of the mortgage. Weaver, Wooster, and Sanderson, on the 6th day of August, 1866, assigned to defendant Wallace the debt secured by the…
1Opinion of the Court
By the Court, Crockett, J. :
However plausible the criticism on the passage in the charge of the Court, discussed in appellants’ first point, may seem at first blush, it will be found, when considered in connection with the facts admitted by the pleadings, the testimony, and the other instructions given, that there is nothing in the point to justify a disturbance of the verdict. The answers are evasive, and the leading facts must be regarded as admitted by the pleadings, the denials extending only to the wrongful character of the acts alleged in the complaint, and the motives by which the…
2Cited by26 opinions
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- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Marbourg v. SmithSupreme Court of Kansas · 1873
- Brand v. HinchmanMichigan Supreme Court · 1888
- Singleton v. SingletonCalifornia Court of Appeal · 1945
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