Solomon v. Maguire
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 26th day of April, 1852, Thomas Maguire, the respondent, filed a confession of judgment in the District Court of the Fourth Judicial District, in favor of Henry S. Solomon and Andrew Dott, appellants, for the sum of nineteen thousand four hundred and fifty-five dollars and twenty-two cents, and William Andrews, James Donahue, George Hubbard, and Thomas Dennis, for various sums…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 26th day of April, 1852, Thomas Maguire, the respondent, filed a confession of judgment in the District Court of the Fourth Judicial District, in favor of Henry S. Solomon and Andrew Dott, appellants, for the sum of nineteen thousand four hundred and fifty-five dollars and twenty-two cents, and William Andrews, James Donahue, George Hubbard, and Thomas Dennis, for various sums each, amounting in the aggregate, with the amount in favor of Solomon & Dott, to some thirty-eight thousand dollars, and…
1Opinion of the Court
By the Court, Sanderson, C. J.
In view of the conclusion to which we have come upon the question as to whether the District Court in fact ordered the execution, set aside by the order from which this appeal is taken, to be issued, it becomes unnecessary to notice the other questions so ably and elaborately argued by counsel.
The execution, as admitted on all sides, so far as the proceedings had before the Court for the purpose of obtaining it are concerned, could not issue except by virtue of an order of the Court made in pursuance of the two hundred and fourteenth section of the Practice Act,…
2Cases cited2 opinions
- Englund v. LewisCalifornia Supreme Court · 1864
- Bennett v. SolomonCalifornia Supreme Court · 1856
3Cited by11 opinions
- Cortez v. Superior CourtCalifornia Supreme Court · 1890
- Buell v. BuellCalifornia Supreme Court · 1891
- Smith v. SchwartzUtah Supreme Court · 1899
- Branson v. WatkinsSupreme Court of Georgia · 1895
- Savings & Trust Co. of Cleveland v. Bear Valley Irr. Co.U.S. Circuit Court for the District of Southern California · 1898
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