Blythe v. Lamberth

California Court of Appeal

Blythe v. Lamberth

179 P. 533, 39 Cal. App. 583, 1919 Cal. App. LEXIS 158

CourtCalifornia Court of Appeal

DecidedFebruary 4, 1919

DocketCiv. No. 2336.

StatusPublished

Cited by1 cases

This text of 179 P. 533 (Blythe v. Lamberth) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Blythe v. Lamberth, 179 P. 533, 39 Cal. App. 583, 1919 Cal. App. LEXIS 158 (Cal. Ct. App. 1919).

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Opinion

This is an appeal from the judgment. The sole contention made is that the holder of a trust deed given to secure a lien upon real property, after exhausting the remedy by sale and finding that a deficiency exists, may not proceed by action to recover the balance due upon the promissory note. This point was directly decided, long before this appeal was taken, against the contention here urged. (Sacramento Bank v. Copsey, 133 Cal. 663, [85 Am. St. Rep. 242, 66 P. 8, 205]; Kraft Co. v. Bryan,140 Cal. 73, [73 P. 745].)

The appeal is without the slightest merit and should not have been taken.

The judgment appealed from is affirmed, and, it appearing that the appeal was made for delay, it is ordered that the respondent have and recover from the appellant the sum of one hundred dollars as damages.

Conrey, P. J., and Shaw, J., concurred. *Page 584

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This is an appeal from the judgment. The sole contention made is that the holder of a trust deed given to secure a lien upon real property, after exhausting the remedy by sale and finding that a deficiency exists, may not proceed by action to recover the balance due upon the promissory note. This point was directly decided, long before this appeal was taken, against the contention here urged. (Sacramento Bank v. Copsey, 133 Cal. 663, [85 Am. St. Rep. 242, 66 P. 8, 205]; Kraft Co. v. Bryan,140 Cal. 73, [73 P. 745].)

The appeal is without the slightest merit and should not have been taken.

The judgment appealed from is affirmed, and, it appearing that the appeal was made for delay, it is ordered that the respondent have and recover from the appellant the sum of one hundred dollars as damages.

Conrey, P. J., and Shaw, J., concurred. *Page 584

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179 P. 533, 39 Cal. App. 583, 1919 Cal. App. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blythe-v-lamberth-calctapp-1919.

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