Osborn v. Hendrickson
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. Action for rents and profits brought on the appeal bond given by the defendant, in an action brought by the plaintiff for restitution of the premises, before a justice of the peace.
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Appeal from the District Court of the Twelfth Judicial District. Action for rents and profits brought on the appeal bond given by the defendant, in an action brought by the plaintiff for restitution of the premises, before a justice of the peace. The finding of the Court below establishes that the appeal, taken from the judgment for restitution entered by the justice, was dismissed by consent of the parties plaintiff and defendant, pending its appeal, and before final judgment on appeal, and before the commencement of this action. That before the commencement of this suit, and after the…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
This was an action in the Court below, upon an appeal bond, to recover rent accruing pending the appeal. Some two months after the judgment was recovered in the magistrate’s Court, and pending the appeal to the County Court, the plaintiff transferred the judgment to a third party, and sold the ¡premises in controversy to the defendants. The appeal was afterwards withdrawn or dismissed by an agreement between the plaintiff and defendants, without having been called to a final hearing. Upon this state…
2Cited by6 opinions
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- Casanova v. KreuschWest Virginia Supreme Court · 1883
- Sutton v. HayCourt of Appeals for the Seventh Circuit · 1925
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