Nevada Bank v. Dresbach
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing to vacate the judgment. The grounds of the motion to vacate the judgment were that pending the action the defendants instituted proceedings in insolvency, and were' discharged from their debts, including the debt to the plaintiff on which the action was brought.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing to vacate the judgment. The grounds of the motion to vacate the judgment were that pending the action the defendants instituted proceedings in insolvency, and were' discharged from their debts, including the debt to the plaintiff on which the action was brought. The motion was supported by affidavits, but there was no affidavit of merits apart from the statements made in relation to proceedings and discharge in insolvency, nor were these proceedings brought to the attention of the…
1Per curiam
This is an appeal from a final judgment and an order denying a motion to vacate and set it aside.
Defendants were regularly served with process. One of them appeared, demurred, and answered, the other did not. The demurrer was overruled. The case was tried; but at.the trial defendants were not present by themselves or counsel, and the court, after hearing the evidence of the plaintiff, gave judgment against both defendants.
The court had jurisdiction of the subject-matter and of the persons of the defendants, and there is no error apparent on the face of the judgment roll.
On the motion to…
2Cases cited4 opinions
- Bailey v. TaaffeCalifornia Supreme Court · 1866
- Francis v. CoxCalifornia Supreme Court · 1867
- Parrott v. DenCalifornia Supreme Court · 1867
- People v. RainsCalifornia Supreme Court · 1863
3Cited by8 opinions
- Williams v. ReedCalifornia Court of Appeal · 1919
- Tuttle v. ScottCalifornia Supreme Court · 1898
- Gill v. PeppinCalifornia Court of Appeal · 1919
- Slater v. SeloverCalifornia Court of Appeal · 1914
- Daniels v. DanielsCalifornia Court of Appeal · 1955
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