Kern Valley Bank v. Chester
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Sixteenth District Court, County of Kern. Reed, J. The complaint alleges the execution of the mortgage, and a copy is attached and made part of the complaint. It also prays for $>800 as attorney’s fee: otherwise there is no allusion to the subject.
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Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Sixteenth District Court, County of Kern. Reed, J. The complaint alleges the execution of the mortgage, and a copy is attached and made part of the complaint. It also prays for $>800 as attorney’s fee: otherwise there is no allusion to the subject. The affidavit for new trial states in effect that, since the trial of the case, defendant had learned that the plaintiff, before the commencement of the suit, agreed with his attorney that the fee should be $50, and that this was the whole amount paid or agreed…
1Opinion of the Court
Sharpstein, J.:
This is an appeal from a judgment of foreclosure, and from an order denying defendants’ motion for a new trial.
The defendants are husband and wife, and filed separate answers to the complaint. The former, in his answer, denies the allegation of the complaint that the plaintiff had paid State and county taxes to the amount of $603, or in any amount. lie further denied the allegation that no part of the interest on the principal sum claimed to be due on the note had been paid. The answer of the other defendant contains the same denials. When the case was reached and called for…
2Cited by6 opinions
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- Peachy v. WitterCalifornia Supreme Court · 1901
- Stone v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1892
- Eames v. HaverCalifornia Supreme Court · 1896
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