Spangel v. Dellinger
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The plaintiff sued to have certain deeds from Treadway to Dellinger, and Rom Dellinger to Reay, set aside, on the ground that the first was made with intent to defraud creditors, and that the second was obtained by Reay with full knowledge of such fraudulent intent; and also to enjoin defendant Ellis, as Sheriff, from executing the deed for the property in suit to Reay.
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. The plaintiff sued to have certain deeds from Treadway to Dellinger, and Rom Dellinger to Reay, set aside, on the ground that the first was made with intent to defraud creditors, and that the second was obtained by Reay with full knowledge of such fraudulent intent; and also to enjoin defendant Ellis, as Sheriff, from executing the deed for the property in suit to Reay. The Court found in favor of the plaintiff, and rendered judgment in his favor. Defendants Reay and Ellis moved for a new trial;…
1Opinion of the Court
By the Court, Sprague, J.:
The attorney for Reay and Ellis moves that the appeal in the above entitled cause be considered, and that the cause be determined as to defendants Dellinger and Treadway. On the former hearing it was considered by the Court—and such seems to have been the understanding of counsel—that the motion for a new trial had been made and the appeal taken by Reay and Ellis alone. Upon a reexamination of the record we are satisfied that our former construction was correct. Counsel appeared expressly for Reay and Ellis. His signature to pleadings, etc., after that time, as the…
2Cited by2 opinions
- Kenney v. ParksCalifornia Supreme Court · 1898
- Hobbs v. DuffCalifornia Supreme Court · 1872