Cummings v. Kearney
California Supreme Court
APPEAL from an order of the Superior Court of Santa Barbara County denying a new trial. W. S. Day, Judge. The facts are stated in the opinion.
1Opinion of the Court
COOPER, C.—
This action was brought to enjoin the threatened sale of plaintiff's lot in the city of Santa Barbara for the amount due upon a bond owned by defendant Yndart, which was issued for street-work and improvements upon the lot now owned by plaintiff. Findings were filed, upon which judgment was entered for defendants. Plaintiff made a motion for a new trial, and this appeal is from the order-denying said motion.
As no appeal has been taken from the judgment, the sufficiency of the pleadings and of the judgment as being the 'legal conclusion from the facts found, cannot be questioned on…
2Cases cited1 opinion
- Union Paving & Contracting Co. v. McGovernCalifornia Supreme Court · 1900
3Cited by7 opinions
- Cutting v. VaughnCalifornia Supreme Court · 1920
- Agmar v. SolomonCalifornia Court of Appeal · 1927
- Allen v. HanceCalifornia Supreme Court · 1911
- A. A. Baxter Corp. v. Home Owners & LendersCalifornia Court of Appeal · 1970
- Blanck v. Commonwealth Amusement Corp.California Court of Appeal · 1912
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