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49 Cal. 266

Gates v. Lane

California Supreme Court

Decided July 1, 1874

California Supreme Court · decided 1874-07-01

This is the second appeal in this ease. The case on the first appeal is reported in the 44 Cal. 392. When the remittitur reached the Court below, the plaintiff amended his complaint, making Wm. Gates and Willet Gates joint-plaintiffs.

Relies on Logan v. Hillegass

Good law ✅— No negative treatment on recordhow we know

Decided 1874-07-01

How this case has been cited

Cited by 7 later decisions — most recently October 1914

7 state decisions

3018741880189019001910decided

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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By the Court Crockett, J.:

¶1The demurrer was properly sustained. If the judgment obtained against the plaintiffs was void on the face of the proceedings in the Justice’s Court for want of jurisdiction, as the complaint avers it to have been, these plaintiffs had an adequate remedy, by motion in that Court, to arrest the execution and stay further process on the judgment. (Logan v. Hillegass, 16 Cal. 201; Comstock v. Clemens, 19 Id. 77; Sanchez v. Carriaga, 31 Id. 179; Murdock v. De Vries, 37 Id. 527.) Nor did the fact that the execution was issued by the County Clerk, on a transcript of the Justice’s docket filed in his office, obstruct the remedy by motion in the Justice’s Court. Though issued by the Clerk, the execution was subject to be recalled by the Justice who rendered the judgment.

¶2So much of the complaint as seeks the surrender and cancellation of the note, on the ground of the parol agreement as to pasturage, was barred by the Statute of Limitations at the commencement of the action.

¶3Judgment affirmed.

¶4Mr. Chief Justice WALLACE did not express an opinion.

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