Legal Opinion

Taylor v. Madigan

California Court of Appeal

Decided December 22, 1975No. Civ. 36073PublishedCited by 21 opinions

1Opinion of the Court

Opinion

CARKEET, J. *

This appeal involves a primary issue whether the trial court correctly ruled that the execution statutes of this state in conjunc tion with the homestead laws are unconstitutional in that they establish a statutory scheme which deprives homeowners of rights guaranteed them by both the California and United States Constitutions. Also at issue is whether legislation establishing a new statutory scheme satisfies constitutional requirements!

The facts in the case are undisputed, the issues being wholly legal in nature. A statement of facts essential to an understanding of the…

2Cases cited43 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Fuentes v. ShevinSupreme Court of the United States · 1972
  3. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  4. Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
  5. Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974

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3Cited by21 opinions

  1. Clausing v. San Francisco Unified School DistrictCalifornia Court of Appeal · 1990
  2. Helena Rubenstein Internat. v. YoungerCalifornia Court of Appeal · 1977
  3. Leger v. Stockton Unified School DistrictCalifornia Court of Appeal · 1988
  4. Cynthia McCahey v. L.P. Investors, Allen M. Rosenthal, Affiliated Credit Adjusters, Sheriff of Suffolk County, Suffolk County ClerkCourt of Appeals for the Second Circuit · 1985
  5. Diaz v. Kosmala (In Re Diaz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016

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