History
  • No items yet
midpage
Moore v. Semple
11 Cal. 360
Cal.
1858
Check Treatment
Field, J., at the April Term, 1858, delivered the opinion of the Court—

Terry, C. J., and Burnett, J., concurring.

The agreement inserted among the papers forms no part of the record. It is not embodied in any statement or bill of exceptions, and possesses, therefore, no verity upon which any errors can be assigned which .this Court can notice. Gates v. Buckingham, 4 Cal.' 286 ; Davis v. Stratton et al., and Flint v. Haight et al., January Term, 1856.

The decree is substantially for the sale of the mortgaged premises. It specifically directs judgment for the amount of the note, the application of the proceeds of sale of the premises to its satisfaction, the disposition of any surplus, and execution for any deficiency. The omission of the words “ be sold ” after the description of the premises, is a mere clerical error, which does not affect the decree.

Judgment affirmed, with five per cent, damages.

Case Details

Case Name: Moore v. Semple
Court Name: California Supreme Court
Date Published: Jul 1, 1858
Citation: 11 Cal. 360
Court Abbreviation: Cal.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.