Green v. Hebbard
California Supreme Court
Application to the Supreme Court for a writ of mandate. The petition sets forth a recoyery of the possession of a tract of land in an action of ejectment brought August 12, 1873, by William Ford, in the superior court of the city and county of San Francisco, against the husband of petitioner, B. S. Green, and other defendants, to which action petitioner was not a party.
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Application to the Supreme Court for a writ of mandate. The petition sets forth a recoyery of the possession of a tract of land in an action of ejectment brought August 12, 1873, by William Ford, in the superior court of the city and county of San Francisco, against the husband of petitioner, B. S. Green, and other defendants, to which action petitioner was not a party. On the fourth day of August, 1881, judgment was entered in said action by default against said B. S. Green, and in favor of H. 0. Hyde, assignee of said Ford; and on November 20, 1888, a writ of possession was issued and…
1Opinion of the Court
The Court.
The petitioner is entitled to appeal from the order denying her motion to vacate or modify the *41order made in the action of Hyde v. Boyle, for the writ of possession. (People v. Grant, 45 Cal. 97; City of San José v. Fulton, 45 Cal. 316.) Having the right of appeal, it is the duty of the respondent upon her application to fix the amount of the undertaking necessary to stay the operation of the writ of possession, under section 945 of the Code of Civil Procedure.
We cannot upon this present application consider whether the court was right or wrong in its ruling upon petitioner’s motion…
2Cases cited2 opinions
- Mayor of San Jose v. FultonCalifornia Supreme Court · 1873
- People v. GrantCalifornia Supreme Court · 1872
3Cited by11 opinions
- Pignaz v. BurnettCalifornia Supreme Court · 1897
- Title Ins. Trust Co. v. Calif. Etc. Co.California Supreme Court · 1911
- Elliott v. Superior CourtCalifornia Supreme Court · 1904
- Greif v. DulleaCalifornia Court of Appeal · 1944
- Postal Telegraph-Cable Co. v. Superior CourtCalifornia Court of Appeal · 1913
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