Seligman v. Kalkman
California Supreme Court
Appeal from the Twelfth District. The action is debt on a judgment alleged to have been rendered by the Superior Court of the city of San Francisco, on the sixth day of May, 1856, for $4,632.24, in favor of the appellants, and against the appellees, in a suit entitled “ Olías. T. Meyer, on behalf of himself and the creditors of the firm of Philip Kalkman & Co. v. Philip Kalkman.”
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Appeal from the Twelfth District. The action is debt on a judgment alleged to have been rendered by the Superior Court of the city of San Francisco, on the sixth day of May, 1856, for $4,632.24, in favor of the appellants, and against the appellees, in a suit entitled “ Olías. T. Meyer, on behalf of himself and the creditors of the firm of Philip Kalkman & Co. v. Philip Kalkman.” The trial in the suit now in hearing was on the issue raised by the first answer, denying “ that on the sixth day of May, 1856, or at any other time whatever, a judgment was recovered against them, the defendants, by…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
The evidence in this case was not sufficient to maintain the action. It was necessary for the plaintiffs to show a personal judgment to entitle them ib recover; and the record in Meyer v. Kalkman was insufficient for that purpose. The action in that case was for the settlement of a partnership and a distribution of the assets for the benefit of creditors. A judgment was entered, dissolving the partnership and directing an account. The plaintiffs were creditors, and the Referee who took the account reported in their favor the amount sued for'in this…
2Cited by5 opinions
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