Legal Opinion

Mercantile Trust Co. v. Stockton Terminal & Eastern Railroad

California Court of Appeal

Decided December 3, 1919No. Civ. No. 2008PublishedCited by 23 opinions

APPEAL from a judgment of the Superior Court of San 'Joaquin County. J. A. Plummer, Judge. The facts are stated in the opinion of the court.

1Opinion of the Court

ELLISON, P. J.,

pro tem.—This action was brought to obtain a decree of foreclosure of a mortgage executed by the defendant Stockton Terminal and Eastern Railway Company to the plaintiff to secure an issue of bonds of ¿aid Railway Company.

The defendant Stockton Terminal and Eastern Railway Company was the only defendant designated in the complaint by its true name, and was the only defendant ever served with summons. Several persons were designated in the caption of the complaint and also in the body thereof as First Doe, Second Doe, and so forth, and as to these it was alleged that their true…

2Cases cited3 opinions

  1. Rosencrantz v. RogersCalifornia Supreme Court · 1871
  2. Waymire v. San Francisco & San Mateo Railway Co.California Supreme Court · 1896
  3. Dietrich v. Steam Dredge & AmalgamatorMontana Supreme Court · 1894

3Cited by23 opinions

  1. Fuentes v. Tribunal de Distrito de Puerto RicoSupreme Court of Puerto Rico · 1952
  2. Stephens v. BerryCalifornia Court of Appeal · 1967
  3. Bayle-Lacoste & Co. v. Superior CourtCalifornia Court of Appeal · 1941
  4. Lipman v. RiceCalifornia Court of Appeal · 1963
  5. Johnson v. Goodyear Tire & Rubber Co.California Court of Appeal · 1963

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