Gagliardo v. Hoberlin
California Supreme Court
Appeal from the Twelfth District. Foreclosure suit on a note and mortgage given by defendant to Foote & Aldrich for professional services as attorneys in the Deck Estate, and by them assigned to plaintiff.
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Appeal from the Twelfth District. Foreclosure suit on a note and mortgage given by defendant to Foote & Aldrich for professional services as attorneys in the Deck Estate, and by them assigned to plaintiff. The note was as follows: “ 14,000. San Francisco, December 26th, 1856. “ For value received, I promise to pay to H. S. Foote and L. Aldrich, or their order, four thousand dollars, to be paid only in the event of the recovery by me of the estate of August Deck, deceased, of which I am now claimant. (Signed.) Jacob Hoberlin.” A mortgage was executed at the same time by Hoberlin and one Clark,…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
In this case, no motion having been made for a new trial, the-findings of the Court are conclusive as to the facts. The provisions-of the statute in relation to new trials apply as well to actions of. equitable cognizance as to those of a strictly legal nature, and it is only through the medium of an application in pursuance of these provisions that the evidence can be brought before this Court for-review. In the absence of such an application, the conclusions of. fact must be deemed to have been properly drawn, and the matter-cannot be regarded as open to…
2Cases cited3 opinions
- Duff v. FisherCalifornia Supreme Court · 1860
- Riddle v. BakerCalifornia Supreme Court · 1859
- Dewey v. BowmanCalifornia Supreme Court · 1857
3Cited by6 opinions
- Stockton Theatres, Inc. v. PalermoCalifornia Supreme Court · 1956
- People v. . HagadornNew York Court of Appeals · 1887
- Hihn v. PeckCalifornia Supreme Court · 1866
- Whitmore v. ShiverickNevada Supreme Court · 1867
- Burbank v. RiversNevada Supreme Court · 1887
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