Calderwood v. Peyser
California Supreme Court
Appeal from the County Court of the City and County of San Francisco. The judgment involved in this appeal was in favor of plaintiffs and against defendant, and was entered on March 30th, 1868. Afterwards counsel for defendant moved for leave to offset an execution in favor of defendant and against the plaintiff David Calderwood, against the execution issued in this action in favor of plaintiffs, for their costs on a former appeal.
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Appeal from the County Court of the City and County of San Francisco. The judgment involved in this appeal was in favor of plaintiffs and against defendant, and was entered on March 30th, 1868. Afterwards counsel for defendant moved for leave to offset an execution in favor of defendant and against the plaintiff David Calderwood, against the execution issued in this action in favor of plaintiffs, for their costs on a former appeal. The motion was denied April 13th, 1868. Defendant’s statement on motion for new trial was struck from the files June 8th, 1868. The appeal from the order refusing…
1Opinion of the Court
By the Court, Wallace, J.:
The earlier history of this case is to be found in 31 Cal. 333. Upon the return of the cause, after the order granting the new trial had been affirmed here, the defendant filed a plea puis darrein continuance, in which he set up: First, the judgment rendered in the action August 16th, 1865, as a bar—alleging it to be in full force and unsatisfied; second, that prior to the recovery of that judgment the female plaintiff, Elizabeth Douglass, had transferred to Calderwood one half the rents claimed in the action; third, that on July 28th, 1865, one Brooks commenced an…
2Cases cited7 opinions
- Spring Valley Water Works v. City & County of San FranciscoCalifornia Supreme Court · 1890
- Morris v. De CelisCalifornia Supreme Court · 1871
- Brooks v. CalderwoodCalifornia Supreme Court · 1868
- Calderwood v. PyserCalifornia Supreme Court · 1866
- Dooly v. NortonCalifornia Supreme Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Lakin v. Watkins Associated IndustriesCalifornia Supreme Court · 1993
- Stonesifer v. KilburnCalifornia Supreme Court · 1892
- Clark v. CraneCalifornia Supreme Court · 1881
- United States v. DollaCourt of Appeals for the Fifth Circuit · 1910
- Beach v. Spokane Ranch & Water Co.Montana Supreme Court · 1901
23 more not listed; retrieve them via the Exa API.