Legal Opinion

Polhemus v. Carpenter

California Supreme Court

Decided October 15, 1871No. 2,180PublishedCited by 13 opinions

Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco.. This was an action originally commenced July 5th, 1857, by Charles B. Polhemus and George W. P. Bissell, composing the firm of Alsop & Co., to foreclose a mortgage execu-' ted in 1854 on certain real estate in the City of San Francisco, by William M. Carpenter to Reuben Clark and James George, to secure the payment of a note for thirty thousand dollars, with interest at the…

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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco.. This was an action originally commenced July 5th, 1857, by Charles B. Polhemus and George W. P. Bissell, composing the firm of Alsop & Co., to foreclose a mortgage execu-' ted in 1854 on certain real estate in the City of San Francisco, by William M. Carpenter to Reuben Clark and James George, to secure the payment of a note for thirty thousand dollars, with interest at the rate of two and one half per cent per month, payable in six months, or in six or twelve months thereafter, at the option…

1Opinion of the Court

By the Court, Crockett, J.:

The first question for determination is, whether the defendant’s notice of his intention to move for a new trial was served and filed in time. On the second of January the Court (which tried the cause without a jury) announced its decision, ordering a judgment to be entered for the defendant; and on the fourth of January the defendant was duly served with a notice of this decision. But when the cause was submitted, the defendant, in due form, requested written findings, which request was entered on the minutes. On the fourteenth of February the Court filed written…

2Cited by13 opinions

  1. Martello v. Superior Court of CaliforniaCalifornia Supreme Court · 1927
  2. Frascona v. Los Angeles Railway Corp.California Court of Appeal · 1920
  3. Connolly v. AshworthCalifornia Supreme Court · 1893
  4. Franklin v. FranklinCalifornia Supreme Court · 1903
  5. Potwin v. BlasherWashington Supreme Court · 1894

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