Little v. Superior Court
California Supreme Court
Application for a writ of prohibition to the Superior Court of Monterey County. The facts are stated in the opinion of the court.
1Opinion of the CourtPaterson, J.
This is a proceeding to restrain the superior court of Monterey County from trying the case of Withers v. Little et al., so far as these petitioners are concerned therein.
The action referred to is a foreclosure suit, commenced by Withers against David Jacks and petitioners herein, Milton Little and Mary Little, in 1878. It is alleged there that the Littles are indebted to Withers upon a certain promissory note; that they gave a mortgage on lots 1 and 2, in Monterey, to secure the payment of the note; and that Jacks claims some interest in the property. The Littles made default; Jacks put in…
2Cases cited2 opinions
- Nichols v. DunphyCalifornia Supreme Court · 1881
- Withers v. LittleCalifornia Supreme Court · 1880
3Cited by3 opinions
- John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Webb v. SaundersCalifornia Court of Appeal · 1949
- Withers v. JacksCalifornia Supreme Court · 1889