Whitby v. Rowell
California Supreme Court
Appeal from a judgment of the Superior Court of San Bernardino County. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFarland, J.
Action to foreclose a mortgage. Defendant, Rowell, demurred to the complaint. The demurrer was overruled, and said defendant refusing to answer, judgment went for plaintiff. From the judgment, Rowell appeals.
The demurrer was on the general ground of a failure to state sufficient facts, and also on the ground of want of jurisdiction. It resolves itself into the point that the complaint contains no description of the land mortgaged, and does not show that it ivas situated in the county of San Bernardino. The complaint contains a copy of the mortgage, which has a full description of the…
2Cases cited2 opinions
- Mayor of Los Angeles v. SignoretCalifornia Supreme Court · 1875
- Strong v. PattersonCalifornia Supreme Court · 1856
3Cited by9 opinions
- Long v. ShepardSupreme Court of Oklahoma · 1913
- Churchill v. LauerCalifornia Supreme Court · 1890
- Clegg v. EustaceIdaho Supreme Court · 1925
- Santa Rosa Bank v. PaxtonCalifornia Supreme Court · 1906
- Wey v. City Bank of HobartSupreme Court of Oklahoma · 1911
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