Legal Opinion

Hibernia Savings & Loan Society v. Wackenreuder

California Supreme Court

Decided September 9, 1893No. 14185PublishedCited by 10 opinions

Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtDe Haven, J.

This action was commenced on June 19, 1885, against Vitus Wackenreuder and Morris Windt, for the purpose of foreclosing a mortgage made by said Wackenreuder to secure the payment of his note which matured on June 29, 1882, and he was properly served with the summons, but for some reason not disclosed by the record the cause was not brought to a hearing in his lifetime. Wackenreuder died in August, 1887, and the time for presenting claims against his estate expired on April 11, 1889. The plaintiff did not present for allowance the claim which is the subject of this action. But on June 3, 1889,…

2Cases cited3 opinions

  1. Bollinger v. ManningCalifornia Supreme Court · 1889
  2. Evans v. . ClevelandNew York Court of Appeals · 1878
  3. Evans v. NealisIndiana Supreme Court · 1879

3Cited by10 opinions

  1. Hutnick v. United States Fidelity & Guaranty Co.California Supreme Court · 1988
  2. Millar v. MillarCalifornia Court of Appeal · 1921
  3. National Automobile & Casualty Insurance v. AingeCalifornia Supreme Court · 1950
  4. Mitchell v. Banking Corp. of MontanaMontana Supreme Court · 1933
  5. Atlas Realty Co. v. RowrayWyoming Supreme Court · 1937

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