Geary v. Simmons
California Supreme Court
Appeal from the District Court of the Fourth District, City and County of San Francisco. This is an action brought against A. Hollub, administrator of the estate of Bezer Simmons, deceased, in which Orrin Simmons was substituted as defendant, he having succeeded said Hollub as administrator.
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Appeal from the District Court of the Fourth District, City and County of San Francisco. This is an action brought against A. Hollub, administrator of the estate of Bezer Simmons, deceased, in which Orrin Simmons was substituted as defendant, he having succeeded said Hollub as administrator. The complaint was filed on the 16th of September, 1869, and was for the recovery of the sum of $62,000, with interest at the rate of five per cent, per month from the 11th day of August, 1850, due on a promissory note, of which the folknving is a copy: “$62,000. San Fbancisco, Aug. 11th, 1850. "For value…
1Opinion of the CourtSprague, J.
The judgment roll in the case of this plaintiff against Billings as administrator of the estate of Bezer Simmons, deceased, was competent and conclusive evidence against the plaintiff in this suit that such suit was commenced by him in August, 1851, against Frederick Billings, administrator of the estate of Bezer Simmons, deceased, to establish by judgment against said estate the identical claim upon which said suit is based; that Frederick Billings, as administrator of said estate, answered plaintiff’s complaint in that suit; and that the only issue presented by such pleadings, was as to the…
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