Pogue v. Kaweah Power & Water Co.
California Supreme Court
The facts are stated in the opinion of the court. Maurice E. Power, Charles G. Lamberson, and John D. Pope, for Appellant. The court cannot enforce a penalty or forfeiture. (Civ. Code, sec. 3369; Keller v. Lewis, 53 Cal. 111, 118; McCormack v. Rossi, 70 Cal. 474.)
1Opinion of the CourtMcFARLAND, J.
This is an appeal by defendant from the judgment in favor of plaintiff, and is taken upon the judgment-roll alone. There being no bill of exceptions, there is consequently no evidence before us, and no exceptions to any rulings of the court at the trial. The only point made by appellant for a reversal is that the part of the judgment by which it is decreed that defendant convey certain property to plaintiff is erroneous, because it undertakes to “enforce a penalty or forfeiture” in violation of section 3369 of the Civil Code, and of what is claimed to be the general rule of equity on the…
2Cited by7 opinions
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- Consolidated Lumber Co. v. City of Los AngelesCalifornia Court of Appeal · 1917
- City of Los Angeles v. ShaferCalifornia Court of Appeal · 1921
- Pogue v. CollinsCalifornia Supreme Court · 1905
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