Sichler v. Look
California Supreme Court
Appeal from a judgment of the Superior Court of Orange County. The note secured by the mortgage provided that if the interest should not be paid when due the whole sum of principal and interest should become immediately due and payable, at the option of the holder of the note. The mortgage provided that in case of default in the payment of the note, or of any installment of the interest thereon when due, the mortgagee might foreclose the mortgage.
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Appeal from a judgment of the Superior Court of Orange County. The note secured by the mortgage provided that if the interest should not be paid when due the whole sum of principal and interest should become immediately due and payable, at the option of the holder of the note. The mortgage provided that in case of default in the payment of the note, or of any installment of the interest thereon when due, the mortgagee might foreclose the mortgage. Further facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
Action for the foreclosure of a mortgage. Judgment by default was entered against all of the defendants. The defendant Arrasmith has appealed, upon the grounds that the court had no jurisdiction to enter the judgment against him, and that the judgment as entered exceeds the allegations of the complaint.
The service upon the appellant was by the publication of the summons. It is recited, in the judgment, “ that *605P. H. Look .... and D. A. Arrasmith, the above-named defendants, have been duly and regularly summoned to answer unto the plaintiff’s complaint herein, and that the said defendants, and…
2Cases cited16 opinions
- Matter of the Estate Op Bernard NewManCalifornia Supreme Court · 1888
- Goodenow v. EwerCalifornia Supreme Court · 1860
- Smith v. . RobertsNew York Court of Appeals · 1883
- Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
- City of San Francisco v. LawtonCalifornia Supreme Court · 1861
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3Cited by69 opinions
- Herd v. TuohyCalifornia Supreme Court · 1901
- People ex rel. Schwartz v. TempleCalifornia Supreme Court · 1894
- Heinlen v. HeilbronCalifornia Supreme Court · 1892
- Mock v. City of Santa RosaCalifornia Supreme Court · 1899
- Beronio v. Ventura County Lumber Co.California Supreme Court · 1900
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