Nevills v. Shortridge
California Supreme Court
MOTION to dismiss an appeal from a judgment of the Superior Court of Santa Clara County. W. Gr. Lorigan, Judge. The facts are stated in the opinion.
1Opinion of the CourtHarrison, J.
Motion to dismiss the appeal.
The complaint herein seeks the foreclosure of a mortgage given to secure two promissory notes executed to the plaintiff by the defendants. In their answer the defendants, in addition to other defenses, allege that the plaintiff subsequent to the execution of the notes had extended the time for their payment, and that this time had not expired when the complaint was filed. The court found this fact in accordance with the answer, and thereupon entered judgment that the action “is hereby dismissed on the sole ground that it was prematurely. brought; such dismissal,…
2Cases cited3 opinions
- Hooper v. . BeecherNew York Court of Appeals · 1888
- Randall v. DuffCalifornia Supreme Court · 1894
- Lemon v. RuckerCalifornia Supreme Court · 1889
3Cited by2 opinions
- Ryder v. SheaIndiana Supreme Court · 1913
- Roy Tong v. Sun Realty Co.California Court of Appeal · 1932