Norris v. Denton
California Supreme Court
Appeal from the Sixth District. This was a bill praying relief against a judgment obtained by the plaintiff against the defendant in the District Court, and for discovery.
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Appeal from the Sixth District. This was a bill praying relief against a judgment obtained by the plaintiff against the defendant in the District Court, and for discovery. The bill verified by the oath of the defendant sets forth that the plaintiff on the day of December, 1850, gave a promissory note to the defendant for $1200, payable on demand; that on the 24th January, 1851, defendant called at plaintiff’s residence, and producing the said note demanded payment, which the plaintiff then and there paid; that at the time of payment, the defendant laid the note on the table in the room where…
1Opinion of the CourtHeydenfeldt, Justice
A judgment was rendered in the District Court against the plaintiff and in favour of the defendant; and the former now files this bill to obtain from the latter a discovery in aid of his defence, on the ground that the defence is meritorious, and lies entirely within the knowledge of his judgment creditor. The action taken by the complainant comes too late. He ought to have filed his bill for discovery before judgment was rendered against him, and then his remedy would have been perfect, as he could also have enjoined the party suing him from proceeding in his suit until he had fully answered…
2Cited by4 opinions
- People v. PlylerCalifornia Supreme Court · 1899
- Meredith, ex parteSupreme Court of Virginia · 1880
- Meredith, ex parteSupreme Court of Virginia · 1880
- Meredith, ex parteSupreme Court of Virginia · 1880