Phelps v. Peabody
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Solano. The plaintiff filed his bill, praying for an injunction restraining all proceedings upon a judgment obtained against him by the defendant Peabody, and for other equitable relief. The bill sets forth that the case, in which the judgment was obtained, was tried before a referee, who, as it alleges, committed divers errors in the trial thereof.
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Appeal from the District Court of the Seventh Judicial District, County of Solano. The plaintiff filed his bill, praying for an injunction restraining all proceedings upon a judgment obtained against him by the defendant Peabody, and for other equitable relief. The bill sets forth that the case, in which the judgment was obtained, was tried before a referee, who, as it alleges, committed divers errors in the trial thereof. The bill alleges, that in consequence of a verbal agreement with the opposite counsel to agree to a statement for a motion to set aside the referee’s report, and for a new…
1Opinion of the CourtTerry, J.
The demurrer was properly sustained. The complaint sets out no facts of which the party could not have availed himself in the trial before the referee; indeed, the plaintiff alleges, that the facts were given in evidence before the referee, and only complains that by the sharp practice of one of the counsel for the plaintiff, now defendant, he was prevented from having a properly authenticated statement of the case before the Court, on his motion for new trial.
This is no sufficient reason for enjoining the judgment. It is a well-established rule, that Courts of Equity will only interfere to…
2Cited by11 opinions
- Donovan v. MillerIdaho Supreme Court · 1906
- Brum v. IvinsCalifornia Supreme Court · 1908
- In Re McNameeCalifornia Court of Appeal · 1933
- Kendall v. EarlCalifornia Supreme Court · 1896
- Albright v. OysterU.S. Circuit Court for the District of Eastern Missouri · 1884
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