Campbell v. West
California Supreme Court
Appeal from a judgment of the Superior Court of Orange County. The mortgage was executed to secure anote for two thousand dollars, with interest at twelve per cent per annum from March 28, 1888, and stipulated for a reasonable counsel fee upon foreclosure of the mortgage. The mortgage note provided that should suit be commenced to enforce the payment of the note, the makers agreed to pay an additional sum ©f five per cent on the principal as attorney’s fees in such suit.
Read the full summary
Appeal from a judgment of the Superior Court of Orange County. The mortgage was executed to secure anote for two thousand dollars, with interest at twelve per cent per annum from March 28, 1888, and stipulated for a reasonable counsel fee upon foreclosure of the mortgage. The mortgage note provided that should suit be commenced to enforce the payment of the note, the makers agreed to pay an additional sum ©f five per cent on the principal as attorney’s fees in such suit. The complaint alleged that the sum of $150 -was a reasonable counsel fee for the foreclosure of the mortgage, and prayed…
1Opinion of the CourtFox, J.
— This is an action to foreclose a mortgage. Judgment and decree in favor of plaintiff, from which defendants appeal, the case coming up on the judgment roll.
1. The first point made is, that the court never acquired jurisdiction of the case, for the reason that the complaint was never filed in the court,— the indorsement thereon showing that the same was filed with the county clerk. This point is not well taken. The court will take judicial notice of the fact that the county clerk is ex officio clerk of the superior court. The complaint is entitled and indorsed in the superipr court of the…
2Cited by9 opinions
- R.G. Hamilton Corp., Ltd. v. CorumCalifornia Supreme Court · 1933
- Campbell v. WestCalifornia Supreme Court · 1892
- Clegg v. EustaceIdaho Supreme Court · 1925
- Dunn v. BarryCalifornia Court of Appeal · 1917
- Washburn v. WilliamsColorado Court of Appeals · 1897
4 more not listed; retrieve them via the Exa API.