First National Bank of Modesto v. Wakefield
California Supreme Court
MOTION to dismiss an appeal from a judgment of the Superior Court of Stanislaus County. L. W. Fulkerth, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtAngellotti, J.
Motion of defendants to dismiss appeal from judgment, upon the ground that plaintiff “has abandoned and forfeited its said appeal and the whole thereof, and has' lost the right to said appeal and the further prosecution thereof, and is estopped from further prosecuting said appeal.”
The plaintiff bank commenced an ordinary action for the foreclosnre of a mortgage given by Joseph Knowles to secure a note against defendant administrator and the heirs of decedent, waiving all recourse against other property of the estate. The defendants answering, alleged, by way of counterclaim, that the…
2Cases cited1 opinion
- Storke v. StorkeCalifornia Supreme Court · 1901
3Cited by10 opinions
- Preluzsky v. Pacific Co-Operative Cafeteria Co.California Supreme Court · 1925
- Wold v. League of the CrossCalifornia Court of Appeal · 1930
- McCaleb v. McCalebCalifornia Court of Appeal · 1917
- Menges v. RobinsonCalifornia Court of Appeal · 1933
- Di Grandi v. Di GrandiCalifornia Court of Appeal · 1951
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