From Casetext: Smarter Legal Research

Parker v. Altschul

Supreme Court of California
Apr 4, 1882
60 Cal. 380 (Cal. 1882)

Summary

In Parker v. Altschul, 60 Cal. 380, it is said: "All presumptions are in favor of the correctness of the proceedings of courts of general jurisdiction, and as the consent of the defendants would have justified the order of the court, we must presume that such consent was given, there being nothing in the record to show that it was not."

Summary of this case from Paige v. Roeding

Opinion

         Department Two

         Appeal by defendant Elizabeth McGrath from a judgment for the plaintiff in the Fourth District Court of the City and County of San Francisco. Morrison, J.

         A petition for hearing in bank was filed in this case after judgment and denied.

         COUNSEL

         The judgment is erroneous because not entered against all of the owners. The complaint should have been amended so as to show that the persons dismissed were not owners. (Clark v. Porter , 53 Cal. 409; Harney v. Applegate , 57 Id. 205; Diggins v. Reay , 54 Id. 525; Tobleman v. Roper , 7 Id. 561.)

          E. A. Lawrence, for Appellant.

          John J. Roche, for Respondent.

         No brief on file for Respondent.


         OPINION          The Court:

         The decree recites that the action was dismissed as to some of the defendants. If any of the other defendants had objected to such dismissal, it would seem upon the authority of Clark v. Porter , 53 Cal. 409; Diggins v. Reay , 54 Cal. 525; Harney v. Applegate , 57 Cal. 205; Tobleman v. Roper , 7 P. C. L. J. 561, that the objection would have been well taken. But for anything appearing to the contrary such dismissal may have been consented to by the appellant.

         All presumptions are in favor of the correctness of the proceedings of courts of general jurisdiction, and as the consent of the defendants would have justified the order of the Court, we must presume that such consent was given, there being nothing in the record to show that it was not.

         Judgment affirmed.


Summaries of

Parker v. Altschul

Supreme Court of California
Apr 4, 1882
60 Cal. 380 (Cal. 1882)

In Parker v. Altschul, 60 Cal. 380, it is said: "All presumptions are in favor of the correctness of the proceedings of courts of general jurisdiction, and as the consent of the defendants would have justified the order of the court, we must presume that such consent was given, there being nothing in the record to show that it was not."

Summary of this case from Paige v. Roeding
Case details for

Parker v. Altschul

Case Details

Full title:C. H. PARKER v. LUDWIG ALTSCHUL et al.

Court:Supreme Court of California

Date published: Apr 4, 1882

Citations

60 Cal. 380 (Cal. 1882)

Citing Cases

Paige v. Roeding

Even if the papers in the additional record can be considered, it must be presumed that there was good cause…

Von Schmidt v. Von Schmidt

Upon an appeal from a judgment, upon the judgment-roll alone, all intendments will be made in support of the…