Legal Opinion

Hildebrand v. Superior Court

California Supreme Court

Decided July 20, 1916No. S. F. No. 7744PublishedCited by 20 opinions

APPLICATION originally made to the Supreme Court for a Writ of Review to annul an order of the Superior Court of the City and County of San Francisco for the assignment of a note and mortgage and subrogation to the rights of the mortgagee. The facts are stated in the opinion of the court. Paul A. McCarthy, R. H. Gillogley, and Alexander D. Keyes, for Petitioners.

1Opinion of the CourtAngellotti, C. J.

This is a proceeding to annul for want of jurisdiction an order made by the superior court in the action of Martin v. Chiossi et al., an action to quiet title, directing the defendant Humboldt Savings Bank to execute to the plaintiff therein, on payment of principal and interest due, notary fee, and attorney fee, an assignment of a note and mortgage constituting a first lien on the real property involved in the action, and subrogating plaintiff to the rights of said mortgagee.

The petitioners for the writ are Hildebrand, Lettieh, and Mr. and Mrs. George H. Chiossi, who were originally the…

2Cases cited3 opinions

  1. Title Ins. Trust Co. v. Calif. Etc. Co.California Supreme Court · 1911
  2. Anglo-Californian Bank, Ltd. v. Superior Court of the State in and for S.F.California Supreme Court · 1908
  3. Swain v. Stockton Savings & Loan SocietyCalifornia Supreme Court · 1889

3Cited by20 opinions

  1. Phelan v. Superior CourtCalifornia Supreme Court · 1950
  2. Howe v. Key System Transit Co.California Supreme Court · 1926
  3. Ivory v. Superior CourtCalifornia Supreme Court · 1938
  4. Marculescu v. City Planning CommissionCalifornia Court of Appeal · 1935
  5. Casner v. Superior CourtCalifornia Court of Appeal · 1937

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