Montgomery v. Byers

California Supreme Court

Montgomery v. Byers

21 Cal. 107

CourtCalifornia Supreme Court

DecidedJuly 1, 1862

StatusPublished

Cited by1 cases

This text of 21 Cal. 107 (Montgomery v. Byers) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Montgomery v. Byers, 21 Cal. 107 (Cal. 1862).

Pincite

Opinion

Field, C. J. delivered the opinion of the Court

Norton, J. concurring.

The respondents purchased of one of the defendants after the commencement of the action, and with notice of its pendency. They occupy, therefore, the precise position of their grantor. In other respects the case is covered by the decision in Montgomery v. Middlemiss—recently rendered. Upon that authority the order of the District Court must be reversed, and that Court directed to issue a writ of assistance as prayed in the petition of the plaintiff.

Ordered accordingly.

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Field, C. J. delivered the opinion of the Court

Norton, J. concurring.

The respondents purchased of one of the defendants after the commencement of the action, and with notice of its pendency. They occupy, therefore, the precise position of their grantor. In other respects the case is covered by the decision in Montgomery v. Middlemiss—recently rendered. Upon that authority the order of the District Court must be reversed, and that Court directed to issue a writ of assistance as prayed in the petition of the plaintiff.

Ordered accordingly.

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Bluebook (online)

21 Cal. 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-byers-cal-1862.

Opinion

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