Austin v. Union Paving and Contracting Co.
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. J. M. Seawell, Judge. .The facts are stated in the opinion of the court.
1Opinion of the CourtHall, J.
This is an appeal from a judgment in favor of plaintiff and from an order denying the motion of defendant, Union Paving and Contracting Company, for a new trial.
The first point to be considered is that the court erred in overruling appellant’s demurrer to the complaint.
The action was brought to restrain and enjoin the defendants from selling a piece of land alleged to be owned by plaintiff under a writ of execution under a judgment in favor of appellant and against one Ellen Mo wry, a former owner of the land. The complaint alleges that plaintiff is and ever since the seventeenth day of…
2Cases cited9 opinions
- Pixley v. HugginsCalifornia Supreme Court · 1860
- London & San Francisco Bank, Ltd. v. ParrottCalifornia Supreme Court · 1899
- Eversdon v. MayhewCalifornia Supreme Court · 1884
- Porter v. PicoCalifornia Supreme Court · 1880
- Grant v. Brotherton's Administrator ex rel. JanneySupreme Court of Missouri · 1842
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3Cited by4 opinions
- Hollenbeck-Bush Planing Mill Co. v. AmwegCalifornia Supreme Court · 1917
- Bradley Co. v. MulcrevyCalifornia Supreme Court · 1913
- Anderson v. Fidelity Union Casualty Co.California Court of Appeal · 1934
- Price v. Maryland Casualty Co.California Court of Appeal · 1935