Himmelmann v. Sullivan
California Supreme Court
Appeal from tbe District Court of tbe Fourth District, City and County of San Francisco. Judgment was entered for plaintiff in pursuance of a stipulation entered into by counsel tbat tbe action in Ibis case should abide tbe result of tbe action of Himmelmann v. Steiner, and tbat execution should be stayed until tbe final determination of tbat action in tbe Supreme Court- Pending tbe appeal in' tbat case, tbe plaintiff in tbis procured tbe Sheriff to sell tbe premises…
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Appeal from tbe District Court of tbe Fourth District, City and County of San Francisco. Judgment was entered for plaintiff in pursuance of a stipulation entered into by counsel tbat tbe action in Ibis case should abide tbe result of tbe action of Himmelmann v. Steiner, and tbat execution should be stayed until tbe final determination of tbat action in tbe Supreme Court- Pending tbe appeal in' tbat case, tbe plaintiff in tbis procured tbe Sheriff to sell tbe premises described in tbe complaint to satisfy bis judgment, and himself became tbe purchaser and obtained from tbe Sheriff a…
1Opinion of the CourtErHODBS, C. J.
Tbe judgment was entered upon a verbal stipulation made in open Court, by wbieb it was agreed that tbe action in tbis case should abide tbe determination of tbe action of Himmelmann v. Steiner, in wbieb were involved tbe same questions of law and of facts as in tbis case, and that execution should be stayed until tbe final determination of that action in tbe Supreme Court. Tbe question to be determined is whether tbe portion of tbe stipulation staying execution can be enforced.
Tbe question is not tbe same as that which was presented in Borkheim v. North British, etc. (38 Cal. 623). There the…
2Cases cited1 opinion
- Borkheim v. North British & Mercantile Insurance Co.California Supreme Court · 1869
3Cited by7 opinions
- Smith v. WhittierCalifornia Supreme Court · 1892
- Chilwell v. ChilwellCalifornia Court of Appeal · 1940
- Hearne v. De YoungCalifornia Supreme Court · 1896
- Fidelity & Casualty Co. v. AbrahamCalifornia Court of Appeal · 1945
- Reclamation District No. 535 v. HamiltonCalifornia Supreme Court · 1896
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