Lewis v. Adams
California Supreme Court
Appeal from an order of the Superior Court of Los Angeles County granting a new trial. The action was commenced on the fifteenth day of February, 1882, by the plaintiff, as the executrix of the last will of one Mat. Lewis, against the defendant P. T. Adams, on a judgment obtained by her as such executrix in the district court of Bexar County, in the state of Texas, on the fifteenth day of March, 1877, against Adams, and Joseph Collins, James Dalrymple, and John H. Kennedy.
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Appeal from an order of the Superior Court of Los Angeles County granting a new trial. The action was commenced on the fifteenth day of February, 1882, by the plaintiff, as the executrix of the last will of one Mat. Lewis, against the defendant P. T. Adams, on a judgment obtained by her as such executrix in the district court of Bexar County, in the state of Texas, on the fifteenth day of March, 1877, against Adams, and Joseph Collins, James Dalrymple, and John H. Kennedy. The complaint contained allegations of the death of the plaintiff’s testator, of the issuance to her by the probate court…
1Opinion of the CourtMcKinstry, J.
The action is upon a judgment of a District Court of the state of Texas, — a court of general jurisdiction. The original complaint was filed February 15,1882, and averred that the Texas judgment was against defendant Adams, and was given and entered March 15,1877.
On the eighth day of July, 1884, the plaintiff amended her complaint by inserting, in the appropriate connection, the names of Joseph Collins, James Dalrymple, and John Kennedy as judgment debtors and as defendants in this action. In the present action summons was not served on Collins, Dalrymple, or Kennedy, nor did either of them…
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