Legal Opinion

Johnson v. Polhemus

California Supreme Court

Decided August 14, 1893No. 14580PublishedCited by 28 opinions

Appeal from a judgment of the Superior Court of Santa Clara County, The facts are stated in the opinion.

1Opinion of the Court

Searls, C.

This is an action to foreclose a mortoao-e. Defendant had judgment, from which the plaintiffs appeal.

There is a bill of exceptions in the record relating to the propriety of the admission of certain oral testimony, but in view of the conclusions of law reached by the court below it becomes unimportant, and the appeal is practically based upon the judgment roll.

Appellants assign two errors as grounds for a reversal of the judgment, which are as follows: —

1. The prayer of the complaint is sufficient to entitle plaintiffs to judgment.

2. Even if the prayer of the complaint be…

2Cases cited2 opinions

  1. Belknap v. SealeyThe Superior Court of New York City · 1853
  2. Dayton v. DaytonMichigan Supreme Court · 1888

3Cited by28 opinions

  1. Singleton v. PerryCalifornia Supreme Court · 1955
  2. Baar v. SmithCalifornia Supreme Court · 1927
  3. Van Hoosear v. Railroad CommissionCalifornia Supreme Court · 1922
  4. Burke Land & Livestock Co. v. Wells, Fargo & Co.Idaho Supreme Court · 1900
  5. Wright v. RogersCalifornia Court of Appeal · 1959

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