Parburt v. Monroe

California Supreme Court

Parburt v. Monroe

1 Cal. Unrep. 72

CourtCalifornia Supreme Court

DecidedApril 9, 1859

DocketNo. 2301

StatusPublished

This text of 1 Cal. Unrep. 72 (Parburt v. Monroe) 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

Parburt v. Monroe, 1 Cal. Unrep. 72 (Cal. 1859).

Pincite

Opinion

TERRY, C. J.

— This was a proceeding to foreclose a mortgage upon real estate. A demurrer to the complaint was inter[73]*73posed and was properly overruled, and no answer having been filed within the time allowed by the court upon overruling the demurrer, a judgment was entered pursuant to the prayer of the complaint.

After a careful examination of the record, we are satisfied that the appeal is frivolous and was intended merely for delay; the judgment is therefore affirmed, with ten per cent damages.

I concur: Baldwin, J.

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TERRY, C. J.

— This was a proceeding to foreclose a mortgage upon real estate. A demurrer to the complaint was inter[73]*73posed and was properly overruled, and no answer having been filed within the time allowed by the court upon overruling the demurrer, a judgment was entered pursuant to the prayer of the complaint.

After a careful examination of the record, we are satisfied that the appeal is frivolous and was intended merely for delay; the judgment is therefore affirmed, with ten per cent damages.

I concur: Baldwin, J.

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Bluebook (online)

1 Cal. Unrep. 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parburt-v-monroe-cal-1859.