Harper v. Lamping
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Sierra County. The defendant was prosecuting two actions in his name to foreclose mortgages on a mining claim in Sierra County.
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Appeal from the District Court, Tenth Judicial District, Sierra County. The defendant was prosecuting two actions in his name to foreclose mortgages on a mining claim in Sierra County. The plaintiff furnished him a sum of money, and the two entered into a written agreement, in June, 1863, that the actions should be prosecuted in the name of the defendant, but that both should be equally interested in the causes of action, and in the property if purchased by the defendant at Sheriff’s sale. On the 26th day of April, 1864, the defendant had acquired the legal title to the claim by a Sheriff’s…
1Opinion of the Court
By the Court, Sanderson, J.:
There had been one continuance by consent of parties, and the defendant had not only been unable to find the witness Brown, or to ascertain with any certainty his place of residence, but was unable to give any satisfactory assurance that he could obtain his testimony within any reasonable time. Moreover, his testimony does not seem to have been very material. It only went to the fact that the defendant had hypothecated twenty shares of stock, and afterwards allowed the stock to go in payment of the loan. In that respect the vital fact was not whether the defendant…
2Cases cited1 opinion
- Jackson v. Feather River & Gibsonville Water Co.California Supreme Court · 1859
3Cited by21 opinions
- People v. EbanksCalifornia Supreme Court · 1897
- People v. CollinsCalifornia Supreme Court · 1925
- Rush v. FrenchArizona Supreme Court · 1874
- Hooper v. BarrantiCalifornia Court of Appeal · 1947
- Prince v. HartingCalifornia Court of Appeal · 1960
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