Gates v. Lane
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, San Joaquin County. The defendants demurred to the complaint and the Court below overruled the demurrer. The defendants appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Rhodes, J.:
The complaint alleges that the plaintiff and two others executed a joint promissory note to defendant MqEIhany; that McElhany recovered a judgment on the note against all the makers before a Justice of the Peace of Solano County; that a transcript of the judgment was filed with the County Clerk of that county, who issued an execution to the Sheriff of Stanislaus County; that the Sheriff levied on the “ undivided personal property of this plaintiff of the value of three thousand dollars,” and is about to sell the same under the execution; that no summons was served on…
2Cases cited1 opinion
- Murdock v. De VriesCalifornia Supreme Court · 1869
3Cited by4 opinions
- O'Connor v. IrvineCalifornia Supreme Court · 1887
- Harrison v. McCormickCalifornia Supreme Court · 1886
- McBrown v. DaltonCalifornia Supreme Court · 1886
- People v. LantermanCalifornia Court of Appeal · 1909