Wetherbee v. Carroll
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The bill of exceptions mentioned in the opinion of the Court is as follows, to wit: “ The order on the Sheriff to show cause, heretofore made, coming on to be heard before this Court, the plaintiff read his affidavit and the order to show cause based upon it; whereupon, the Sheriff, by his attorneys and counsel, Mr. R. H. Lloyd, representing the interests of Jonathan Peel, and Mr. S.…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The bill of exceptions mentioned in the opinion of the Court is as follows, to wit: “ The order on the Sheriff to show cause, heretofore made, coming on to be heard before this Court, the plaintiff read his affidavit and the order to show cause based upon it; whereupon, the Sheriff, by his attorneys and counsel, Mr. R. H. Lloyd, representing the interests of Jonathan Peel, and Mr. S. W. Holladay representing the interests of David Fitzgibbon, came and showed cause by producing to the Court the…
1Opinion of the Court
By the Court, Sawyer, J.:
This is an appeal from an order denying a motion for an order requiring the Sheriff to execute a writ of restitution issued upon a judgment for the possession of land.
The respondents object that the order of the District Court cannot be reviewed on the record presented. And we are compelled to say again, that the methods prescribed by the Practice Act for presenting the order for review have not been pursued. The record may, and it may not, present the entire merits of the case, so that the respondent cannot be prejudiced. But, under the provisions of the statute, we…
2Cases cited6 opinions
- Harper v. MinorCalifornia Supreme Court · 1864
- Quivey v. GambertCalifornia Supreme Court · 1867
- Abbott v. DouglassCalifornia Supreme Court · 1865
- Warden v. Mendocino CountyCalifornia Supreme Court · 1867
- More v. Del ValleCalifornia Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Leonard v. ShawCalifornia Supreme Court · 1896
- Sharon v. SharonCalifornia Supreme Court · 1885
- Siebe v. Joshua Hendy Machine WorksCalifornia Supreme Court · 1890
- Carver v. San Joaquin Cigar Co.California Court of Appeal · 1911
- Everett v. BuchananSupreme Court Of The Territory Of Dakota · 1880
15 more not listed; retrieve them via the Exa API.