De Leon v. Higuera
California Supreme Court
Appeal from the Seventh District. Bill in equity to foreclose four mortgages executed by defendants, Higuera and wife, or for certain other relief.
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Appeal from the Seventh District. Bill in equity to foreclose four mortgages executed by defendants, Higuera and wife, or for certain other relief. A stipulation was entered into that the testimony in the case be taken by the Judge of the Court in which the cause was pending, in the city of San Francisco, and that the cause be argued and tried in said city by said Judge, sitting as a Court without jury, and that he file his finding as to all issues of law and fact, as if tried at Martinez, the county seat of the county in which the suit was brought; judgment to be entered in term or vacation…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
The defendant O’Donnell is the sole appellant here. We think the points taken by him are not sustained by the record.
1. The demurrer seems to have been disposed of. No entry expressly overruling the demurrer appears in the record; but one of the points assigned in the statement of grounds of appeal below, seems to be the ruling of the Court on the demurrer. But as the appellant went to trial without insisting on a disposition of the demurrer, it is too late to object here that is was not formally disposed of.
2. Nor is it at all clear to us that the demurrer was well…
2Cases cited1 opinion
- Rollins v. ForbesCalifornia Supreme Court · 1858
3Cited by5 opinions
- Merrill v. ResslerSupreme Court of Minnesota · 1887
- Grice v. WoodworthIdaho Supreme Court · 1904
- Pine Lawn Bank and Trust Company v. UrbahnsMissouri Court of Appeals · 1967
- Harris v. . JonesSupreme Court of North Carolina · 1880
- Bank v. JohnsonOhio Supreme Court · 1889