Daneri v. Gazzola
California Court of Appeal
APPEAL from a judgment of the Superior Court of Mariposa County, and from an order denying a new trial. J. J. Trahueco, Judge. The facts are stated in the opinion of the court.
1Opinion of the Court
Action on a promissory note executed by John B. Gazzola in his lifetime as principal, and defendants as sureties, and delivered to plaintiff's intestate as payee. Defendant Cuneo died before service of summons, and his representative was not made a party. The action was originally commenced in the name of John Daneri, but before the trial he died, and plaintiff was substituted in his stead. Defendant John B. Gazzola died pending an appeal to the supreme court from the judgment given at the first trial, and by supplemental complaint his administrator was substituted in his stead. At the first…
2Cases cited13 opinions
- Smith v. WhittierCalifornia Supreme Court · 1892
- Black v. SharkeyCalifornia Supreme Court · 1894
- Hearne v. De YoungCalifornia Supreme Court · 1896
- McDougall v. McDougallCalifornia Supreme Court · 1902
- Gould v. WiseCalifornia Supreme Court · 1893
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3Cited by5 opinions
- Ellis v. KlaffCalifornia Court of Appeal · 1950
- Miller v. JansenCalifornia Supreme Court · 1943
- Hill v. BiceIdaho Supreme Court · 1943
- Evans v. Power CountyIdaho Supreme Court · 1931
- Pacific Paving Co. v. VizelichCalifornia Court of Appeal · 1905