Legal Opinion

Cavender v. Guild

California Supreme Court

Decided July 15, 1854PublishedCited by 5 opinions

Appeal from the Superior Court of the City of San Francisco. This was a suit brought by plaintiff against Guild, on the 23d day of August, A, D, 1853, in the Superior Court of the City of San Francisco, on a judgment recovered, by said plaintiff, against Said Guild, on the 28th day of April, 1851, in the Circuit Court of St. Louis County, in the State of Missouri, for the sum of $451 31, and costs of that suit, which costs, the complaint alleged, amounted to the sum of ten…

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Appeal from the Superior Court of the City of San Francisco. This was a suit brought by plaintiff against Guild, on the 23d day of August, A, D, 1853, in the Superior Court of the City of San Francisco, on a judgment recovered, by said plaintiff, against Said Guild, on the 28th day of April, 1851, in the Circuit Court of St. Louis County, in the State of Missouri, for the sum of $451 31, and costs of that suit, which costs, the complaint alleged, amounted to the sum of ten dollars and sixty-five cents, and were taxed, in said Circuit Court, at that sum. *The complaint alleged that the…

1Opinion of the Court

Mr. Ch. J. Murray

delivered the opinion of the Court.

Mr. J. Heydeneeldt concurred.

This action was commenced upon a foreign judgment.

Answer — Nul tiel record and the Statute of Limitations.

To the last plea the plaintiff demurred; demurrer sustained and the cause prosecuted to trial. Judgment for plaintiff.

The errors assigned are: first, the judgment of' the Court below, sustaining the plaintiff’s demurrer; and second, the allowance of interest upon said judgment.

The appellant, to sustain the first ground of error, relies upon the Statute of 1852, entitled “An Act Defining the Time of Commencing…

2Cases cited1 opinion

  1. Thompson v. MonrowCalifornia Supreme Court · 1852

3Cited by5 opinions

  1. Zinn v. Ex-Cell-O Corp.California Court of Appeal · 1957
  2. Parnham v. ParnhamCalifornia Court of Appeal · 1939
  3. Berkin v. MarshMontana Supreme Court · 1896
  4. de Herblay v. NorrisHawaii Supreme Court · 1892
  5. Harris v. CalvertCourt of Appeals of Kansas · 1896

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