La Societe Francaise D'Epargnes et de Prevoyance Mutuelle v. Beardslee
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing to modify the judgment. The action was unlawful detainer. The defendant Beardslee was a tenant of the plaintiff, and sublet to defendants McCarthy and Warren.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing to modify the judgment. The action was unlawful detainer. The defendant Beardslee was a tenant of the plaintiff, and sublet to defendants McCarthy and Warren. Moses G. Cobb as attorney for all the defendants entered into a stipulation that judgment be entered against them for the amount of the rent due, and for restitution of the premises, in consideration of which plaintiff granted a stay of proceedings, and waived its right to have the damages trebled. After the entry of the…
1Per curiam
There are two appeals in this cause prosecuted by defendant Warren; one from the judgment, and one from an order made after judgment, denying Warren’s motion to modify the same.
The judgment was taken and entered against’ Warren by his consent. This disposes of the appeal from the judgment. We will not hear an appeal from a judgment entered by the consent of the party prosecuting the appeal. The judgment must be affirmed.
As to the appeal from the order denying the motion of Warren above stated, we are of opinion from the papers used on the motion that the court was justified in denying the…
2Cited by7 opinions
- People v. HodgesCalifornia Supreme Court · 1928
- Hibernia Savings Etc. Soc. v. WaymireCalifornia Supreme Court · 1907
- Rader v. BarrOregon Supreme Court · 1892
- Russell v. SheahanOregon Supreme Court · 1996
- Fowler v. FowlerCalifornia Court of Appeal · 1954
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