Legal Opinion

Packard v. Wilson

California Supreme Court

Decided March 1, 1887No. 9459PublishedCited by 1 opinion

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing to retax costs. The action was brought to foreclose a lien on a promissory note. The defendants demurred to the complaint, and their demurrer being overruled, final judgment was rendered in favor of the plaintiff for $7,053.61, and for the sale of the note and the application of the proceeds in payment thereof.

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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 retax costs. The action was brought to foreclose a lien on a promissory note. The defendants demurred to the complaint, and their demurrer being overruled, final judgment was rendered in favor of the plaintiff for $7,053.61, and for the sale of the note and the application of the proceeds in payment thereof. The plaintiff filed a cost-bill, one of the items of which was as follows: “ Percentage allowed by law on judgment of $7,053.61, $100.” The defendants thereupon moved to…

1Opinion of the Court

The Court.

— The complaint is sufficient. The case was litigated on demurrer, and the sixth section of the statute of February 9, 1866 (Stats. 1865-66, p. 68), applies to it. We think it proper to say that it was conceded on the argument by both parties that the statute above referred to is still in force. We decide the case on this concession, and hold nothing as to whether the statute is in force or not.

Judgment and order affirmed.

2Cited by1 opinion

  1. Golden Gate Lumber Co. v. SahrbacherCalifornia Supreme Court · 1894

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