Miller v. Van Loben Sels
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Sacramento, and from an order refusing a new trial. The action was brought to recover the sum of $418.87 for goods sold, and delivered. The defendant was the consul of the republic of Paraguay, at the port of San Francisco. This was not pleaded at the trial, but after the appeal was taken the defendant filed a petition stating the fact of his consular appointment, and asking a perpetual stay of proceedings.
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Appeal from a judgment of the Superior Court of the county of Sacramento, and from an order refusing a new trial. The action was brought to recover the sum of $418.87 for goods sold, and delivered. The defendant was the consul of the republic of Paraguay, at the port of San Francisco. This was not pleaded at the trial, but after the appeal was taken the defendant filed a petition stating the fact of his consular appointment, and asking a perpetual stay of proceedings. The other .facts appear in the opinion of the court.
1Opinion of the CourtMcKee, J.
In this proceeding the petitioner asks for an order to perpetually stay proceedings on a judgment entered .against him in the Superior Court of Sacramento county, upon •the ground that he was, prior to and at the time the action was •commenced, and is now, consul of the republic of Paraguay, at •the port of San Francisco. Of the fact of his consular appointment there is no question, and his exequatur shows that he was in office at the commencement of the action; but he did not avail himself of the fact by the answer which he filed in the action, or otherwise, on the trial of the case, and…
2Cases cited1 opinion
- Davis v. PackardSupreme Court of the United States · 1833
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