Brown v. Rouse
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County. The action was brought to foreclose the mortgage referred to in the opinion. The respondent moved to dismiss the appeal on the ground that the notice of appeal was not served upon Durst, one of the defendants in the trial court. Further facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
The complaint in this case is not to be commended as a model of pleading. It alleges that the appellant, through her attorney, executed to the plaintiff a promissory note for the sum of twelve hundred dollars, and a mortgage to secure its payment, and that the power of attorney under which the same were executed, although properly acknowledged in fact, did not have a sufficient certificate of acknowledgment, and asked, as a part of the relief, that the certificate of acknowledgment be corrected according to the facts. The power of attorney was annexed to the complaint, but as it did not…
2Cited by3 opinions
- Brown v. RouseCalifornia Supreme Court · 1894
- Golinsky v. AllisonCalifornia Supreme Court · 1896
- Brown v. RouseCalifornia Supreme Court · 1899