Savings and Loan Society v. Thompson
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. B. S. Brooks entered into a covenant with the defendant, by which Brooks covenanted to sell the defendant a lot in San Francisco, and defendant covenanted to pay him a sum of money when Brooks should procure a judgment against Flanegan and Stevens, and Gorham as assignee in insolvency of Samuel L. Dennison, and their heirs and assigns, quieting the title to the land.
Read the full summary
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. B. S. Brooks entered into a covenant with the defendant, by which Brooks covenanted to sell the defendant a lot in San Francisco, and defendant covenanted to pay him a sum of money when Brooks should procure a judgment against Flanegan and Stevens, and Gorham as assignee in insolvency of Samuel L. Dennison, and their heirs and assigns, quieting the title to the land. Brooks procured the required judgment by publication of summons. He then assigned the covenant to the plaintiff, and this suit was…
1Opinion of the Court
By the Court, Sawyer, J.:
The only question in this case is, whether a summons was published “ once a week,” not less than “ three months,” within the meaning of the provisions of the thirty-first section of the Practice Act. It was published on the 10th, 15th, 22d and 29th of January; the 5th, 12th, 19th and 26th of February ; the 5th, 12th, 19th and 26th of March, and the 2d and 9th of April, 1865, the first publication being on the 10th of January and the last on the 9th of April.
The month contemplated by the statute is a calendar, not a lunar month. (Sprague v. Norway, 31 Cal. 173.) This…
2Cases cited7 opinions
- Ronkendorff v. Taylor's LesseeSupreme Court of the United States · 1830
- Sheldon v. WrightNew York Supreme Court · 1849
- Bunce v. ReedNew York Supreme Court · 1853
- Olcott v. . RobinsonNew York Court of Appeals · 1860
- Sprague v. NorwayCalifornia Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- McGinn v. StateNebraska Supreme Court · 1895
- In re Difference & Controversy between E. M. Derby & Co. & City of ModestoCalifornia Supreme Court · 1894
- Finlayson v. PetersonNorth Dakota Supreme Court · 1896
- Malmgren v. PhinneySupreme Court of Minnesota · 1892
- Harpold v. DoyleIdaho Supreme Court · 1908
23 more not listed; retrieve them via the Exa API.