Herbenia Sav. & Loan Soc. v. Fella
California Supreme Court
Appeal by defendants Fella and wife, from a judgment for plaintiff, and particularly from so much thereof as is in favor of their codefendant Anna Emig, and from an order refusing to set aside the judgment, in the Twelfth District Court, City and County of San Francisco. Daingerfield, J. Action to foreclose a mortgage executed by the defendants Fella and wife, who suffered a default.
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Appeal by defendants Fella and wife, from a judgment for plaintiff, and particularly from so much thereof as is in favor of their codefendant Anna Emig, and from an order refusing to set aside the judgment, in the Twelfth District Court, City and County of San Francisco. Daingerfield, J. Action to foreclose a mortgage executed by the defendants Fella and wife, who suffered a default. Defendant Emig, in her answer, sets up a judgment recovered against defendant Fella, which she claimed to be a lien on the mortgaged premises, and prayed for affirmative relief, but the answer was not served on…
1Opinion of the Court
Department No. 1, by the Court:
It is ordered that so much of the judgment in said cause as adjudges that the defendant Anna Emig recover from her co-defendant Charles Fella the sum of $3,000 with legal interest from April 9th, 1877, and $242.25 costs, and that said Anna Emig holds a lien for said amounts on the real property described in said judgment, be stricken out, and that the remain*599dcr of said judgment stand, and that the cause be remanded to the Court below to give leave to the defendant Anna Emig to serve her answer on the defendants affected thereby, and after issue joined therein,…
2Cited by4 opinions
- Withington v. ShayCalifornia Court of Appeal · 1941
- Hibernia Savings & Loan Society v. London & Lancashire Fire InsuranceCalifornia Supreme Court · 1903
- Hibernia Savings & Loan Society v. ClarkeCalifornia Supreme Court · 1895
- Livingston v. RiceCalifornia Court of Appeal · 1955