Guy v. Franklin
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, San Francisco County. The facts material to the points decided appear in the opinion of the Court.
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
*417The first assignment of error rests upon the averment, that there was an excess in the judgment, by the calculation of interest and costs. This error, if it exists, cannot be attacked for the first time in an appellate Court. It should have been brought to the notice of the Court below, by motion to correct, or otherwise. The usual and best method of proceeding, in cases of foreclosure, is to appoint a master, to find and report the amount due, and then exceptions may be filed to the report, upon which the judgment of the Chancellor is given : and this may afterward…
2Cases cited1 opinion
- Kohler v. SmithCalifornia Supreme Court · 1852
3Cited by16 opinions
- Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Raun v. ReynoldsCalifornia Supreme Court · 1858
- Howard v. RichardsNevada Supreme Court · 1866
- Corcoran v. DollCalifornia Supreme Court · 1867
- Pulitzer Publishing Co. v. McNicholsMissouri Court of Appeals · 1913
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