Barroilhet v. Hathaway
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Lewis Brady owned a tract of land in Alameda County, and on the 27th day of November, 1861, a judgment was docketed against him in favor of respondent, Hathaway, for ten thousand and eighty-seven dollars and fifty-two cents and costs.
Read the full summary
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Lewis Brady owned a tract of land in Alameda County, and on the 27th day of November, 1861, a judgment was docketed against him in favor of respondent, Hathaway, for ten thousand and eighty-seven dollars and fifty-two cents and costs. Brady moved for a new trial, which was denied November 17th¡ 1862. He then appealed to the Supreme Court, and on the 3d day of December, 1862, filed an appeal bond staying an execution. The Supreme Court affirmed the judgment, and a remittitur was filed in the Court…
1Opinion of the Court
By the Court, Sanderson, J.:
The two years mentioned in the two hundred and fourth section of the Practice Act, which relates to judgment liens, commence to run from the docketing of the judgment, unless execution is stayed by an order of the Court pending a motion for a new trial or by an appeal with a stay bond. The time during which execution is thus stayed constitutes no part of the two years, but is to be omitted from the computation. Any period of time, however, which may transpire between the docketing of the judgment and the stay of proceedings, is to be included in the computation. A…
2Cases cited2 opinions
- Englund v. LewisCalifornia Supreme Court · 1864
- Dewey v. LatsonCalifornia Supreme Court · 1856
3Cited by1 opinion
- Savings & Trust Co. of Cleveland v. Bear Valley Irr. Co.U.S. Circuit Court for the District of Southern California · 1898