Parburt v. Monroe

California Supreme Court Apr 9, 1859 No. No. 2301Published

Before: Baldwin, Terry

AI Brief

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Holding. The court affirmed the judgment of the lower court, finding that the appeal was frivolous and brought solely for the purpose of delay.

Issues

Whether the judgment entered after the overruling of a demurrer and failure to answer was proper.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“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.”

Synopsis

APPEAL from Fifteenth Judicial District, Colusa County.

TERRY, C. J. — This was a proceeding to foreclose a mortgage upon real estate. A demurrer to the complaint was inter[73]posed 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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