Legal Opinion

Sharp v. Daugney

California Supreme Court

Decided October 15, 1867PublishedCited by 25 opinions

Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This action was commenced May 8d, 1865. On the trial the plaintiff gave in evidence the petition and schedule in insolvency filed by Benjamin F. Coons in the District Court of the Fourth Judicial District, and the proceedings had thereunder, from which it appeared that such petition and schedule were presented to the Judge of said Court on the 16th day of September, 1854; that on…

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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This action was commenced May 8d, 1865. On the trial the plaintiff gave in evidence the petition and schedule in insolvency filed by Benjamin F. Coons in the District Court of the Fourth Judicial District, and the proceedings had thereunder, from which it appeared that such petition and schedule were presented to the Judge of said Court on the 16th day of September, 1854; that on .the same day said Judge made an order directing that said petition and schedule should be filed in sáid Court, and that…

1Opinion of the Court

By the Court, Shaeter, J.:

Ejectment for a lot in the City and County of San Francisco. Both parties claim under B. F. Coons—the plaintiff by virtue of a deed made to him by Gorham, assignee of Coons in insolvency, and the defendant under a Sheriff’s deed to him as purchaser at a foreclosure sale had in Daugney v. Coons. The trial was by the Court, and the appeal is from the judgment.

There are three grounds of appeal stated in the specification, but the only one that can be availed of by the appellant is the first, viz: that the Court erred in excluding the judgment roll in the foreclosure…

2Cases cited8 opinions

  1. President of the Bank of the Metropolis v. President of the New England BankSupreme Court of the United States · 1848
  2. Bunce v. ReedNew York Supreme Court · 1853
  3. Steinbach v. LeeseCalifornia Supreme Court · 1865
  4. Nagle v. MacyCalifornia Supreme Court · 1858
  5. Dorente v. SullivanCalifornia Supreme Court · 1857

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3Cited by25 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. People v. DavisCalifornia Supreme Court · 1904
  3. Lake v. BonyngeCalifornia Supreme Court · 1911
  4. Emery v. KippCalifornia Supreme Court · 1908
  5. Janke v. McMahonCalifornia Court of Appeal · 1913

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