Hunt v. Dohrs

Decided July 1, 1870

California Supreme Court · decided 1870-07-01

This is a suit on a note given by H. C. Dohrs to respondent, January 12,1869, payable January 12,1870, with interest at one and a quarter per cent, per month, payable monthly. The note was secured by a mortgage, executed by both H.C. Dohrs and his wife.

Good law ✅— No negative treatment on recordhow we know

Decided 1870-07-01

How this case has been cited

Cited by 3 later decisions — most recently February 1900

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Rhodes, C. J.,

¶1delivered the opinion of the Court:

¶2The judgment for the principal of the promissory note is erroneous—because the complaint shows, that when the action was commenced, the note had not become due. The plaintiff might have taken a judgment for a sale of so much of the mortgaged premises, as might be necessary to satisfy the interest then due; but the order for the sale of all the premises was erroneous. The personal judgment against the defendant was erroneous. (See Practice Act, Sec. 246.)

¶3Judgment reversed, and cause remanded,