People ex rel. Polhemus v. Pratt
California Supreme Court
On the 6th day of July, 1857, Charles B. Polhemus, the relator, and George W. P. Bissell commenced an action iu the District Court of the Twelfth Judicial District, City and County of San Francisco, against William M. Carpenter, James P. Treadwell, and others, on a promissory note .given by Carpenter, and to foreclose a mortgage given to secure the note.
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On the 6th day of July, 1857, Charles B. Polhemus, the relator, and George W. P. Bissell commenced an action iu the District Court of the Twelfth Judicial District, City and County of San Francisco, against William M. Carpenter, James P. Treadwell, and others, on a promissory note .given by Carpenter, and to foreclose a mortgage given to secure the note. Treadwell was made a defendant under an allegation in the complaint that he claimed an interest in the mortgaged property which accrued subsequent to the lien of the mortgage. All the defendants except Treadwell made default— Treadwell…
1Opinion of the Court
By the Court,
Sanderson, C. J.
This is an application for a mandamus to the Judge of the Twelfth Judicial District, commanding him to enter a judghnent of dismissal in an action pending in his Court wherein the relator and another-are plaintiffs and James P. Treadwell and others are defendants.
It appears that the plaintiffs.in that action, upon notice, moved the Court to enter a judgment dismissing it at their costs, as provided in the first subdivision of section one hundred and forty-eight of the Civil Practice Act. This motion was contested by defendant Treadwell, upon the ground that he had…
2Cases cited1 opinion
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
3Cited by12 opinions
- Andersen v. Superior CourtCalifornia Supreme Court · 1921
- Strong v. GrantCalifornia Supreme Court · 1893
- People ex rel. Gesford v. Superior CourtCalifornia Supreme Court · 1896
- Board of Commissioners of Shoshone County v. MayhewIdaho Supreme Court · 1897
- Beguhl v. SwanCalifornia Supreme Court · 1870
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