California Supreme Court, 1859

Parburt v. Monroe

Parburt v. Monroe
California Supreme Court · Decided April 9, 1859 · Baldwin, Terry
1 Cal. Unrep. 72

Parburt v. Monroe

Opinion of the Court

TERRY, C. J.

— This was a proceeding to foreclose a mortgage upon real estate. A demurrer to the complaint was inter*73posed 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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