Peterson v. Weissbein
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- Tomkins v. Tomkins (Cal. Ct. App. 1948)
- Liuzza v. Bell (Cal. Ct. App. 1940)
- Geibel v. State Bar (Cal. 1939)
- Green v. Green (9th Cir. 1938)
- Reclamation District No. 785 v. Lovdal Bros. (Cal. Ct. App. 1919)
- Hill v. Xerox Corporation (District Court, W.D. Washington 2025)
- Ross v. County of San Diego (United States District Court for the Southern District of California 2025)
- St. Paul Fire and Marine Insurance Company v. Kinsale Insurance Company (United States District Court for the Eastern District of California 2025)
- (PC) Miller v. Diaz (United States District Court for the Eastern District of California 2025)
- Medina v. Mapes (United States District Court for the Eastern District of California 2024)
- Chance v. Roberts (10th Cir. 2022)
- (PC) Drumwright v. Huckleberry (United States District Court for the Eastern District of California 2022)
- Chavira v. U.S. Department of Education (United States District Court for the Eastern District of California 2022)
- Leonard v. Tegna, Inc. (United States District Court for the Southern District of California 2022)
- Ellis v. Pierce County (District Court, W.D. Washington 2022)
- Grae-El v. City of Seattle (District Court, W.D. Washington 2022)
- Harper v. Charter Communications, LLC (United States District Court for the Eastern District of California 2021)
- Townsend v. County of Santa Cruz (United States District Court for the Northern District of California 2021)
- LaVelle v. City of Las Vegas, Nevada (District Court, D. Nevada 2021)
- Carlino v. CHG Medical Staffing, Inc. (United States District Court for the Eastern District of California 2020)
- (PC) Courtney v. Kandel (United States District Court for the Eastern District of California 2020)
- Collins v. County of Monterey Board of Supervisors (United States District Court for the Northern District of California 2020)
- Parks v. Ethicon, Inc. (United States District Court for the Southern District of California 2020)
- Bank Of New York Mellon v. Nevada Association Services, Inc. (District Court, D. Nevada 2020)
- (PC) Jackson v. Diaz (United States District Court for the Eastern District of California 2019)
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
On a former appeal this cause was reversed on the ground that the defendants, who relied upon a constable’s deed to establish their title, had not made out. their case, for the reason that they had failed to introduce in evidence the judgment and- execution on which the deed was based. (Peterson v. Weissbein, 75 Cal. 174.) On, a second trial this evidence was supplied, and judgment was again rendered for the defendants.
The plaintiff objected to the introduction of the judgment and execution in evidence, on the ground that the judgment was invalid. But it was, shown by the evidence that in an action between the plaintiff and the defendants’ grantor, who was the purchaser at the constable’s sale, it was determined by the judgment of the court that the judgment of the justice’s court and the sale under it were valid. This adjudication was conclusive as to the validity of the judgment. (Peterson v. Weissbein, supra.) Therefore, the court below, did not err in admitting, it in evidence.
The judgment roll in the case between the plaintiff and the defendants’ grantor was objected to on the ground that- the parties in that action were not the same as in this. But the defendants, having purchased from the party in the former action, the. judgment inured to their benefit, and was competent evidence.
Judgment and order affirmed.
Sharpstein, J., McFarland, J., Paterson, J., and Thornton, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.