Legal Opinion

White v. Conway

California Supreme Court

Decided January 27, 1885No. 8,430PublishedCited by 2 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. Action on a judgment. The facts are sufficiently stated in the opinion of the court.

1Opinion of the CourtMcKee, J.

The subject-matter of the action in hand is a judgment which, it is alleged, was rendered against the defendants and docketed on the 16th of June, 1874. The action was *384brought on the 26th of May, 1879, within five years from the date of the judgment; therefore the action was not barred by the statute of limitations. But it is contended that the judgment is not a final judgment upon which an action is maintainable, but is merely an order made after the final judgment, which was given in the case; and as that was rendered more than five years before the commencement of this action, the cause of…

2Cases cited3 opinions

  1. Bostwick v. BrinkerhoffSupreme Court of the United States · 1882
  2. Clark v. DunnamCalifornia Supreme Court · 1873
  3. Seligman v. KalkmanCalifornia Supreme Court · 1860

3Cited by2 opinions

  1. Doudell v. ShooCalifornia Supreme Court · 1911
  2. Arnold v. SinclairMontana Supreme Court · 1892

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