Quivey v. Porter
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Clara County. This was an action of ejectment for a tract of land in the City of San José, designated on the official map of said city as Lot ¡Number Seven, in Block Two, in Range Three ¡North, of the base line. From the record it appeared that on the 16th day of July, 1847, John Burton, Alcalde of San José, made a grant of said lot and another (¡Number Six) to Joseph S. Buckle.
Read the full summary
Appeal from the District Court, Third Judicial District, Santa Clara County. This was an action of ejectment for a tract of land in the City of San José, designated on the official map of said city as Lot ¡Number Seven, in Block Two, in Range Three ¡North, of the base line. From the record it appeared that on the 16th day of July, 1847, John Burton, Alcalde of San José, made a grant of said lot and another (¡Number Six) to Joseph S. Buckle. That on the 15th day of June, 1850, said Buckle executed and delivered to Peter Quivey a mortgage of said lot, among others, to secure the payment of a…
1Opinion of the Court
By the Court, Sanderson, J.:
In Hahn v. Kelly, 34 Cal. 391, we had occasion to discuss at some length the principal questions involved in this case. Under the rule in that case the Court below was in error in holding the judgment in Peter Quivey v. Joseph S. Ruckle to bo null and void for the want of jurisdiction over the person of the defendant. The general rule upon this subject, as stated in Hahn v. Kelly, is that the jurisdiction of Superior Courts, in cases which come before the Court collaterally, will be conclusively presumed, unless a want of jurisdiction appears upon the face of the…
2Cases cited1 opinion
- Hahn v. KellyCalifornia Supreme Court · 1868
3Cited by10 opinions
- Treadway v. EastburnTexas Supreme Court · 1881
- In Re Estate of PuseyCalifornia Supreme Court · 1918
- Sacramento Bank v. MontgomeryCalifornia Supreme Court · 1905
- Amy v. AmyUtah Supreme Court · 1895
- Kaufmann v. California Mining & Dredging SyndicateCalifornia Supreme Court · 1940
5 more not listed; retrieve them via the Exa API.