White v. Superior Court
California Supreme Court
PETITION for writ of prohibition from the Supreme Court to the Superior Court of the City and County of San Francisco» J. B. C. Hebbard, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
—Original proceeding by prohibition. The petitioner made a mortgage of his land. The mortgagee commenced an action to foreclose July 8, 1893, and summons was ¡issued the same day, but the same was never served or returned. Some parties named as codefendants with the mortgagor, upon the ground that they claimed some interest in the mortgaged premises, voluntarily appeared in the action, hut the petitioner never appeared. Instead of appearing in the action he procured a third party to advance the money to satisfy the claims of the mortgagee, and to give him further time to make payment. Said…
2Cases cited1 opinion
- Vrooman v. Li Po TaiCalifornia Supreme Court · 1896
3Cited by38 opinions
- Tresway Aero, Inc. v. Superior CourtCalifornia Supreme Court · 1971
- Elliott v. Superior Court of Cal.California Supreme Court · 1914
- Tomales Bay Oyster Corp. v. Superior CourtCalifornia Supreme Court · 1950
- Davis v. Superior CourtCalifornia Supreme Court · 1921
- State ex rel. Wood v. Superior CourtWashington Supreme Court · 1913
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