Everts v. Blaschko

This is an appeal from a judgment entered after granting a motion to dismiss the action.

This action was brought to recover judgment against defendant for the deficiency- remaining after exhausting the security, consisting of a deed of trust on real property, given to secure the payment of a promissory note from defendant to plaintiff. The complaint was filed September 14, 1935. Defendant appeared by demurrer on October 5, 1935, and also filed her motion to dismiss on the same day. As far as the record shows, the trial judge did not rule on the demurrer.

The notice of motion to dismiss…