Kelly v. Van Austin
California Supreme Court
Appeal from the Seventeenth District. The facts are sufficiently stated in the opinion of the Court, with the exception of the manner in which the point decided was raised in the Court below. On the trial, plaintiff offered to introduce in evidence the judgment roll in the case of Kelly v. Eves et als.— being the action on the note referred to. in the opinion—as a foundation for the Sheriff’s deed, and' then the deed.
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Appeal from the Seventeenth District. The facts are sufficiently stated in the opinion of the Court, with the exception of the manner in which the point decided was raised in the Court below. On the trial, plaintiff offered to introduce in evidence the judgment roll in the case of Kelly v. Eves et als.— being the action on the note referred to. in the opinion—as a foundation for the Sheriff’s deed, and' then the deed. Defendants objected to the roll and deed, on the ground that the judgment as entered was without authority of law and void. Objection sustained, and the evidence ruled out.…
1Opinion of the CourtField, C. J.
Cope, J. concurring.
This is an action to recover possession of certain mining ground situated in Sierra county. The plaintiff claims title by virtue of a Sheriff’s deed, executed upon a purchase at a sale under an execution issued upon a judgment against certain members of a company known as the Bright Star Mining Company; and the question presented relates to the validity of this judgment.
The action in which the judgment was entered was brought upon a promissory note of the mining company, and the complaint in its title designates twelve persons as composing the company, and in its body…
2Cases cited1 opinion
- People ex rel. Attorney-General v. ScannellCalifornia Supreme Court · 1857
3Cited by30 opinions
- Burtnett v. KingCalifornia Supreme Court · 1949
- Reher v. ReedCalifornia Supreme Court · 1913
- Baird v. SmithCalifornia Supreme Court · 1932
- Farrar v. SteenberghCalifornia Supreme Court · 1916
- Reinhart v. LugoCalifornia Supreme Court · 1890
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