Pignaz v. Burnett
California Supreme Court
MOTION in the Supreme Court to dismiss an appeal from a judgment of the Superior Court of the City and County of San Francisco, and also to dismiss an appeal from an order refusing to restrain the sheriff from executing a writ of assistance. J. C. B. Hebbard, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtTemple, J.
This is a motion to dismiss the appeal of George W. Burnett and Annie Frances Burnett from the final judgment and also from an order refusing to vacate an order for a writ of assistance.
The action was for the foreclosure of a mortgage, and one William Nieol was a codefendant with the appellants. Nieol appeared in the action, and set up his claim to a lien subsequent to the lien of the plaintiff. Judgment was entered August 21, 1896. The appeal was taken July 31, 1897.
A sale of the mortgaged premises under the decree had taken place in November, 1896, at which the plaintiff was the purchaser.…
2Cases cited4 opinions
- Mayor of San Jose v. FultonCalifornia Supreme Court · 1873
- People v. GrantCalifornia Supreme Court · 1872
- Green v. HebbardCalifornia Supreme Court · 1892
- Henly v. HastingsCalifornia Supreme Court · 1853
3Cited by80 opinions
- Aetna Casualty & Surety Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1947
- Krause v. RarityCalifornia Supreme Court · 1930
- In Re Estate of BakerCalifornia Supreme Court · 1915
- Cook v. MasseyIdaho Supreme Court · 1923
- City of Los Angeles v. OliverCalifornia Court of Appeal · 1929
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