California Supreme Court, 1874

Wright v. Shafter

California Supreme Court · Decided July 1, 1874

48 Cal. 275

Cases that cite this one

5 later published cases cite this decision.

Totten v. Underwriters at Lloyd's London (Cal. Ct. App. 1959)
McClure v. Cerati (Cal. Ct. App. 1948)
Weaver v. Ratcliffe (Cal. Ct. App. 1931)
Auerbach v. Healy (Cal. 1916)
Glasmann v. O'Donnell (Utah 1890)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court:

The plaintiffs claimed, and in the Court below obtained relief on the ground that a mistake occurred upon their part, in attempting to effect a redemption from the Sheriff’s sale on foreclosure of a mortgage. It is well settled that a complaint claiming relief on the ground of mistake must not only distinctly aver the fact of the mistake, but also set *277forth the circumstances under which it occurred in so far as those circumstances may be necessary to present a case within the rule of equity upon which relief is granted. Tested by this rule, the complaint here is radically defective,- and the demurrer should have been sustained.

Judgment and order denying new trial reversed, and cause remanded, with direction to sustain the demurrer to the complaint. Remittitur forthwith.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.