valid legal defense (California) · Go Syfert
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valid legal defense in California

10 California opinions name it 2 courts 1942–2011 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Olivera v. Gracegreen
cal · 1942 · cited in 7 California opinions naming this issue, 1942–1999
2 sentences

1999As our Supreme Court explained in Olivera v. Grace (1942) 19 Cal.2d 570, 575 , 122 P.2d 564 : "`[W]here the legal judgment was obtained... through fraud, mistake, or accident, or where the defendant in the action, having a valid legal defense on the merits, was prevented in any manner from maintaining it by fraud, mistake, or accident, and there had been no negligence, laches, or other fault on his part, ... then a court of equity will interfere at his suit, and restrain proceedings on the judgment which cannot be conscientiously enforced....

1999As our Supreme Court explained in Olivera v. Grace (1942) 19 Cal.2d 570, 575 , 122 P.2d 564 : "`[W]here the legal judgment was obtained... through fraud, mistake, or accident, or where the defendant in the action, having a valid legal defense on the merits, was prevented in any manner from maintaining it by fraud, mistake, or accident, and there had been no negligence, laches, or other fault on his part, ... then a court of equity will interfere at his suit, and restrain proceedings on the judgment which cannot be conscientiously enforced....

47
United States v. Throckmortongreen
scotus · 1878 · cited in 2 California opinions naming this issue, 1999–1999
2 sentences

1999The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law.' [Citation.]" However, the only type of fraud that can be the basis of Vacating a final judgment is extrinsic fraud. ( In re Marriage of Stevenot (1984) 154 Cal.App.3d 1051, 1068 , 202 Cal. Rptr. 116 .) As explained by our Supreme Court: "Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he has been `deliberately kept in ignorance of the action or proceeding, or in some other way fraudulently prevented from presenting his claim or defense.' [Citation.] `W

1999The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law.' [Citation.]" However, the only type of fraud that can be the basis of Vacating a final judgment is extrinsic fraud. ( In re Marriage of Stevenot (1984) 154 Cal.App.3d 1051, 1068 , 202 Cal. Rptr. 116 .) As explained by our Supreme Court: "Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he has been `deliberately kept in ignorance of the action or proceeding, or in some other way fraudulently prevented from presenting his claim or defense.' [Citation.] `W

12
In Re Marriage of Stevenotgreen
calctapp · 1984 · cited in 2 California opinions naming this issue, 1999–1999
2 sentences

1999The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law.' [Citation.]" However, the only type of fraud that can be the basis of Vacating a final judgment is extrinsic fraud. ( In re Marriage of Stevenot (1984) 154 Cal.App.3d 1051, 1068 , 202 Cal. Rptr. 116 .) As explained by our Supreme Court: "Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he has been `deliberately kept in ignorance of the action or proceeding, or in some other way fraudulently prevented from presenting his claim or defense.' [Citation.] `W

1999The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law.' [Citation.]" However, the only type of fraud that can be the basis of Vacating a final judgment is extrinsic fraud. ( In re Marriage of Stevenot (1984) 154 Cal.App.3d 1051, 1068 , 202 Cal. Rptr. 116 .) As explained by our Supreme Court: "Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he has been `deliberately kept in ignorance of the action or proceeding, or in some other way fraudulently prevented from presenting his claim or defense.' [Citation.] `W

12
City and County of San Francisco v. Cartagenagreen
calctapp · 1995 · cited in 2 California opinions naming this issue, 1999–1999
2 sentences

1999The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law.' [Citation.]" However, the only type of fraud that can be the basis of Vacating a final judgment is extrinsic fraud. ( In re Marriage of Stevenot (1984) 154 Cal.App.3d 1051, 1068 , 202 Cal. Rptr. 116 .) As explained by our Supreme Court: "Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he has been `deliberately kept in ignorance of the action or proceeding, or in some other way fraudulently prevented from presenting his claim or defense.' [Citation.] `W

1999The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law.' [Citation.]" However, the only type of fraud that can be the basis of Vacating a final judgment is extrinsic fraud. ( In re Marriage of Stevenot (1984) 154 Cal.App.3d 1051, 1068 , 202 Cal. Rptr. 116 .) As explained by our Supreme Court: "Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he has been `deliberately kept in ignorance of the action or proceeding, or in some other way fraudulently prevented from presenting his claim or defense.' [Citation.] `W

12
California Teachers Ass'n v. Governing Board of Rialto Unified School Districtgreen
cal · 1997 · cited in 1 California opinions naming this issue, 2011–2011
2 sentences

2011By the same token, section 1255.230 reasonably provides a more limited consequence for an owner that fails to object to a lender’s withdrawal application despite notice: the loss of any “claim against the plaintiff for compensation to the extent of the amount withdrawn . . . .” (§ 1255.230, subd. (c).) Although MTA has identified competing policy concerns that may support a different .rule, our role as a court is not to “ ‘sit in judgment of the Legislature’s wisdom in balancing such competing public policies. [Citation.]’ ” (Sunset Sky *1114 Ranch Pilots Assn. v. County of Sacramento (2009) 4

2011By the same token, section 1255.230 reasonably provides a more limited consequence for an owner that fails to object to a lender’s withdrawal application despite notice: the loss of any “claim against the plaintiff for compensation to the extent of the amount withdrawn . . . .” (§ 1255.230, subd. (c).) Although MTA has identified competing policy concerns that may support a different .rule, our role as a court is not to “ ‘sit in judgment of the Legislature’s wisdom in balancing such competing public policies. [Citation.]’ ” (Sunset Sky *1114 Ranch Pilots Assn. v. County of Sacramento (2009) 4

11
Sunset Sky Ranch Pilots Assn. v. County of Sacramentogreen
cal · 2009 · cited in 1 California opinions naming this issue, 2011–2011
2 sentences

2011By the same token, section 1255.230 reasonably provides a more limited consequence for an owner that fails to object to a lender’s withdrawal application despite notice: the loss of any “claim against the plaintiff for compensation to the extent of the amount withdrawn . . . .” (§ 1255.230, subd. (c).) Although MTA has identified competing policy concerns that may support a different .rule, our role as a court is not to “ ‘sit in judgment of the Legislature’s wisdom in balancing such competing public policies. [Citation.]’ ” (Sunset Sky *1114 Ranch Pilots Assn. v. County of Sacramento (2009) 4

2011By the same token, section 1255.230 reasonably provides a more limited consequence for an owner that fails to object to a lender’s withdrawal application despite notice: the loss of any “claim against the plaintiff for compensation to the extent of the amount withdrawn . . . .” (§ 1255.230, subd. (c).) Although MTA has identified competing policy concerns that may support a different .rule, our role as a court is not to “ ‘sit in judgment of the Legislature’s wisdom in balancing such competing public policies. [Citation.]’ ” (Sunset Sky *1114 Ranch Pilots Assn. v. County of Sacramento (2009) 4

11
People v. Sullivangreen
calctapp · 1989 · cited in 1 California opinions naming this issue, 1996–1996
2 sentences

1996(People v. Sullivan (1989) 215 Cal.App.3d 1446, 1452 [ 264 Cal.Rptr. 284 ].) Although the instruction may be flawed in some respects, it was a reasonable attempt to articulate a valid legal principle supported by the evidence.

1996(People v. Sullivan (1989) 215 Cal.App.3d 1446, 1452 [ 264 Cal.Rptr. 284 ].) Although the instruction may be flawed in some respects, it was a reasonable attempt to articulate a valid legal principle supported by the evidence.

11
Otani v. Kislinggreen
calctapp · 1963 · cited in 1 California opinions naming this issue, 1968–1968
2 sentences

1968The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law. ’ ’ ’ The principle that an attorney’s neglect is usually not grounds for equitable relief from a judgment applies rigidly to a matter heard on the merits (Otani v. Kisling, 219 Cal.App.2d 438, 442 [ 33 Cal.Rptr. 239 ]).

1968The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law. ’ ’ ’ The principle that an attorney’s neglect is usually not grounds for equitable relief from a judgment applies rigidly to a matter heard on the merits (Otani v. Kisling, 219 Cal.App.2d 438, 442 [ 33 Cal.Rptr. 239 ]).

11
Evry v. Tremblegreen
calctapp · 1957 · cited in 1 California opinions naming this issue, 1962–1962
2 sentences

1962Olivera v. Grace, 19 Cal.2d 570 [ 122 P.2d 564 , 140 A.L.R. 1328 ] : “One who has been prevented by extrinsic factors from presenting his case to the court may bring an independent action in equity to secure relief from the judgment entered against him. [Citation.] Where the court that has rendered the judgment possesses a general jurisdiction in law and in equity, the jurisdiction or equity may be invoked by means of a motion addressed to that court.” (Pp. 575-576.) At page 575, the opinion states that “ ‘where the legal judgment was obtained or entered through fraud, mistake or accident, or

1962Olivera v. Grace, 19 Cal.2d 570 [ 122 P.2d 564 , 140 A.L.R. 1328 ] : “One who has been prevented by extrinsic factors from presenting his case to the court may bring an independent action in equity to secure relief from the judgment entered against him. [Citation.] Where the court that has rendered the judgment possesses a general jurisdiction in law and in equity, the jurisdiction or equity may be invoked by means of a motion addressed to that court.” (Pp. 575-576.) At page 575, the opinion states that “ ‘where the legal judgment was obtained or entered through fraud, mistake or accident, or

11
Champion v. Woodsgreen
cal · 1889 · cited in 1 California opinions naming this issue, 1962–1962
1 sentence

1962Olivera v. Grace, 19 Cal.2d 570 [ 122 P.2d 564 , 140 A.L.R. 1328 ] : “One who has been prevented by extrinsic factors from presenting his case to the court may bring an independent action in equity to secure relief from the judgment entered against him. [Citation.] Where the court that has rendered the judgment possesses a general jurisdiction in law and in equity, the jurisdiction or equity may be invoked by means of a motion addressed to that court.” (Pp. 575-576.) At page 575, the opinion states that “ ‘where the legal judgment was obtained or entered through fraud, mistake or accident, or

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Kulchar v. Kulchar green
cal · 1969
2 sentences

1999The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law.' [Citation.]" However, the only type of fraud that can be the basis of Vacating a final judgment is extrinsic fraud. ( In re Marriage of Stevenot (1984) 154 Cal.App.3d 1051, 1068 , 202 Cal. Rptr. 116 .) As explained by our Supreme Court: "Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he has been `deliberately kept in ignorance of the action or proceeding, or in some other way fraudulently prevented from presenting his claim or defense.' [Citation.] `W

1999The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law.' [Citation.]" However, the only type of fraud that can be the basis of Vacating a final judgment is extrinsic fraud. ( In re Marriage of Stevenot (1984) 154 Cal.App.3d 1051, 1068 , 202 Cal. Rptr. 116 .) As explained by our Supreme Court: "Extrinsic fraud usually arises when a party is denied a fair adversary hearing because he has been `deliberately kept in ignorance of the action or proceeding, or in some other way fraudulently prevented from presenting his claim or defense.' [Citation.] `W

21999–1999
Bacon v. Bacon green
cal · 1907
2 sentences

1962Olivera v. Grace, 19 Cal.2d 570 [ 122 P.2d 564 , 140 A.L.R. 1328 ] : “One who has been prevented by extrinsic factors from presenting his case to the court may bring an independent action in equity to secure relief from the judgment entered against him. [Citation.] Where the court that has rendered the judgment possesses a general jurisdiction in law and in equity, the jurisdiction or equity may be invoked by means of a motion addressed to that court.” (Pp. 575-576.) At page 575, the opinion states that “ ‘where the legal judgment was obtained or entered through fraud, mistake or accident, or

1942(A nglo California Trust Co. v. Kelley, 117 Cal.App. 692 [ 4 P.2d 604 ]; Sohler v. Sohler, 135 Cal. 323 [ 67 P. 282 , 87 Am.St.Rep. 98 ]; Bacon v. Bacon, 150 Cal. 477 [ 89 P. 317 ] ; Simonton v. Los Angeles T. & S. Bank, 192 Cal. 651 [ 221 P. 368 ] ; Clavey v. Loney, 80 Cal.App. 20 [ 251 P. 232 ] ; Jeffords v. Young, 98 Cal.App. 400 [ 277 P. 163 ].) In the recent ease of Olivera v. Grace, 19 Cal.2d 570, 575 [ 122 P.2d 564 ], the Supreme Court stated the rule as follows, quoting from 5 Pomeroy, Equity Jurisprudence (Equitable Remedies [2d ed.]), pages 4671, 4672: “. . . where the legal judgment

21942–1962
Caldwell v. Taylor green
cal · 1933
2 sentences

1942The ground for the exercise of this jurisdiction is.that there has been no fair adversary trial at law.” (5 Pomeroy, Equity Jurisprudence (Equitable Remedies [2d ed.]), pp. 4671, 4672.) Typical of the situations in which equity has interfered with final judgments are the cases where the lack of a fair adversary hearing in the original action is attributable to matters outside the issues adjudicated therein which prevented one party from presenting his case to the court, as for example, where there is extrinsic fraud (Caldwell v. Taylor, 218 Cal. 471 [ 23 Pac. (2d) 758 , 88 A. L.

1942The ground for the exercise of this jurisdiction is.that there has been no fair adversary trial at law.” (5 Pomeroy, Equity Jurisprudence (Equitable Remedies [2d ed.]), pp. 4671, 4672.) Typical of the situations in which equity has interfered with final judgments are the cases where the lack of a fair adversary hearing in the original action is attributable to matters outside the issues adjudicated therein which prevented one party from presenting his case to the court, as for example, where there is extrinsic fraud (Caldwell v. Taylor, 218 Cal. 471 [ 23 Pac. (2d) 758 , 88 A. L.

21942–1942
Hernández v. Foote neutral
prsupreme · 1914
1 sentence

1962Olivera v. Grace, 19 Cal.2d 570 [ 122 P.2d 564 , 140 A.L.R. 1328 ] : “One who has been prevented by extrinsic factors from presenting his case to the court may bring an independent action in equity to secure relief from the judgment entered against him. [Citation.] Where the court that has rendered the judgment possesses a general jurisdiction in law and in equity, the jurisdiction or equity may be invoked by means of a motion addressed to that court.” (Pp. 575-576.) At page 575, the opinion states that “ ‘where the legal judgment was obtained or entered through fraud, mistake or accident, or

11962–1962
Sohler v. Sohler green
cal · 1902
2 sentences

1942(A nglo California Trust Co. v. Kelley, 117 Cal.App. 692 [ 4 P.2d 604 ]; Sohler v. Sohler, 135 Cal. 323 [ 67 P. 282 , 87 Am.St.Rep. 98 ]; Bacon v. Bacon, 150 Cal. 477 [ 89 P. 317 ] ; Simonton v. Los Angeles T. & S. Bank, 192 Cal. 651 [ 221 P. 368 ] ; Clavey v. Loney, 80 Cal.App. 20 [ 251 P. 232 ] ; Jeffords v. Young, 98 Cal.App. 400 [ 277 P. 163 ].) In the recent ease of Olivera v. Grace, 19 Cal.2d 570, 575 [ 122 P.2d 564 ], the Supreme Court stated the rule as follows, quoting from 5 Pomeroy, Equity Jurisprudence (Equitable Remedies [2d ed.]), pages 4671, 4672: “. . . where the legal judgment

1942(A nglo California Trust Co. v. Kelley, 117 Cal.App. 692 [ 4 P.2d 604 ]; Sohler v. Sohler, 135 Cal. 323 [ 67 P. 282 , 87 Am.St.Rep. 98 ]; Bacon v. Bacon, 150 Cal. 477 [ 89 P. 317 ] ; Simonton v. Los Angeles T. & S. Bank, 192 Cal. 651 [ 221 P. 368 ] ; Clavey v. Loney, 80 Cal.App. 20 [ 251 P. 232 ] ; Jeffords v. Young, 98 Cal.App. 400 [ 277 P. 163 ].) In the recent ease of Olivera v. Grace, 19 Cal.2d 570, 575 [ 122 P.2d 564 ], the Supreme Court stated the rule as follows, quoting from 5 Pomeroy, Equity Jurisprudence (Equitable Remedies [2d ed.]), pages 4671, 4672: “. . . where the legal judgment

11942–1942
Campbell-Kawannanakoa v. Campbell green
cal · 1907
2 sentences

1942The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law. ’ ’ Süeh an action is a direct attack on the judgment (Hammell v. Britton, 19 Cal.2d 72 [ 119 P.2d 333 ]; Campbell-Kawannanakoa v. Campbell, 152 Cal. 201 [ 92 P. 184 ] ; Goldwell v. Taylor, 218 Cal. 471 [ 23 P.2d 758 , 88 A.L.R. 1194 ]; Walsh v. Majors, 4 Cal.2d 384 [ 49 P.2d 598 ]), and the fact that the complainant applied for and was denied relief under section 473 of the Code of Civil Procedure is not a bar to equitable relief.

1942The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law. ’ ’ Süeh an action is a direct attack on the judgment (Hammell v. Britton, 19 Cal.2d 72 [ 119 P.2d 333 ]; Campbell-Kawannanakoa v. Campbell, 152 Cal. 201 [ 92 P. 184 ] ; Goldwell v. Taylor, 218 Cal. 471 [ 23 P.2d 758 , 88 A.L.R. 1194 ]; Walsh v. Majors, 4 Cal.2d 384 [ 49 P.2d 598 ]), and the fact that the complainant applied for and was denied relief under section 473 of the Code of Civil Procedure is not a bar to equitable relief.

11942–1942
Hammell v. Britton green
cal · 1941
2 sentences

1942The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law. ’ ’ Süeh an action is a direct attack on the judgment (Hammell v. Britton, 19 Cal.2d 72 [ 119 P.2d 333 ]; Campbell-Kawannanakoa v. Campbell, 152 Cal. 201 [ 92 P. 184 ] ; Goldwell v. Taylor, 218 Cal. 471 [ 23 P.2d 758 , 88 A.L.R. 1194 ]; Walsh v. Majors, 4 Cal.2d 384 [ 49 P.2d 598 ]), and the fact that the complainant applied for and was denied relief under section 473 of the Code of Civil Procedure is not a bar to equitable relief.

1942The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law. ’ ’ Süeh an action is a direct attack on the judgment (Hammell v. Britton, 19 Cal.2d 72 [ 119 P.2d 333 ]; Campbell-Kawannanakoa v. Campbell, 152 Cal. 201 [ 92 P. 184 ] ; Goldwell v. Taylor, 218 Cal. 471 [ 23 P.2d 758 , 88 A.L.R. 1194 ]; Walsh v. Majors, 4 Cal.2d 384 [ 49 P.2d 598 ]), and the fact that the complainant applied for and was denied relief under section 473 of the Code of Civil Procedure is not a bar to equitable relief.

11942–1942
Walsh v. Majors green
cal · 1935
2 sentences

1942The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law. ’ ’ Süeh an action is a direct attack on the judgment (Hammell v. Britton, 19 Cal.2d 72 [ 119 P.2d 333 ]; Campbell-Kawannanakoa v. Campbell, 152 Cal. 201 [ 92 P. 184 ] ; Goldwell v. Taylor, 218 Cal. 471 [ 23 P.2d 758 , 88 A.L.R. 1194 ]; Walsh v. Majors, 4 Cal.2d 384 [ 49 P.2d 598 ]), and the fact that the complainant applied for and was denied relief under section 473 of the Code of Civil Procedure is not a bar to equitable relief.

1942The ground for the exercise of this jurisdiction is that there has been no fair adversary trial at law. ’ ’ Süeh an action is a direct attack on the judgment (Hammell v. Britton, 19 Cal.2d 72 [ 119 P.2d 333 ]; Campbell-Kawannanakoa v. Campbell, 152 Cal. 201 [ 92 P. 184 ] ; Goldwell v. Taylor, 218 Cal. 471 [ 23 P.2d 758 , 88 A.L.R. 1194 ]; Walsh v. Majors, 4 Cal.2d 384 [ 49 P.2d 598 ]), and the fact that the complainant applied for and was denied relief under section 473 of the Code of Civil Procedure is not a bar to equitable relief.

11942–1942
Jeffords v. Young green
calctapp · 1929
2 sentences

1942(A nglo California Trust Co. v. Kelley, 117 Cal.App. 692 [ 4 P.2d 604 ]; Sohler v. Sohler, 135 Cal. 323 [ 67 P. 282 , 87 Am.St.Rep. 98 ]; Bacon v. Bacon, 150 Cal. 477 [ 89 P. 317 ] ; Simonton v. Los Angeles T. & S. Bank, 192 Cal. 651 [ 221 P. 368 ] ; Clavey v. Loney, 80 Cal.App. 20 [ 251 P. 232 ] ; Jeffords v. Young, 98 Cal.App. 400 [ 277 P. 163 ].) In the recent ease of Olivera v. Grace, 19 Cal.2d 570, 575 [ 122 P.2d 564 ], the Supreme Court stated the rule as follows, quoting from 5 Pomeroy, Equity Jurisprudence (Equitable Remedies [2d ed.]), pages 4671, 4672: “. . . where the legal judgment

1942(A nglo California Trust Co. v. Kelley, 117 Cal.App. 692 [ 4 P.2d 604 ]; Sohler v. Sohler, 135 Cal. 323 [ 67 P. 282 , 87 Am.St.Rep. 98 ]; Bacon v. Bacon, 150 Cal. 477 [ 89 P. 317 ] ; Simonton v. Los Angeles T. & S. Bank, 192 Cal. 651 [ 221 P. 368 ] ; Clavey v. Loney, 80 Cal.App. 20 [ 251 P. 232 ] ; Jeffords v. Young, 98 Cal.App. 400 [ 277 P. 163 ].) In the recent ease of Olivera v. Grace, 19 Cal.2d 570, 575 [ 122 P.2d 564 ], the Supreme Court stated the rule as follows, quoting from 5 Pomeroy, Equity Jurisprudence (Equitable Remedies [2d ed.]), pages 4671, 4672: “. . . where the legal judgment

11942–1942
Anglo California Trust Co. v. Kelley green
calctapp · 1931
2 sentences

1942(A nglo California Trust Co. v. Kelley, 117 Cal.App. 692 [ 4 P.2d 604 ]; Sohler v. Sohler, 135 Cal. 323 [ 67 P. 282 , 87 Am.St.Rep. 98 ]; Bacon v. Bacon, 150 Cal. 477 [ 89 P. 317 ] ; Simonton v. Los Angeles T. & S. Bank, 192 Cal. 651 [ 221 P. 368 ] ; Clavey v. Loney, 80 Cal.App. 20 [ 251 P. 232 ] ; Jeffords v. Young, 98 Cal.App. 400 [ 277 P. 163 ].) In the recent ease of Olivera v. Grace, 19 Cal.2d 570, 575 [ 122 P.2d 564 ], the Supreme Court stated the rule as follows, quoting from 5 Pomeroy, Equity Jurisprudence (Equitable Remedies [2d ed.]), pages 4671, 4672: “. . . where the legal judgment

1942(A nglo California Trust Co. v. Kelley, 117 Cal.App. 692 [ 4 P.2d 604 ]; Sohler v. Sohler, 135 Cal. 323 [ 67 P. 282 , 87 Am.St.Rep. 98 ]; Bacon v. Bacon, 150 Cal. 477 [ 89 P. 317 ] ; Simonton v. Los Angeles T. & S. Bank, 192 Cal. 651 [ 221 P. 368 ] ; Clavey v. Loney, 80 Cal.App. 20 [ 251 P. 232 ] ; Jeffords v. Young, 98 Cal.App. 400 [ 277 P. 163 ].) In the recent ease of Olivera v. Grace, 19 Cal.2d 570, 575 [ 122 P.2d 564 ], the Supreme Court stated the rule as follows, quoting from 5 Pomeroy, Equity Jurisprudence (Equitable Remedies [2d ed.]), pages 4671, 4672: “. . . where the legal judgment

11942–1942
Clavey v. Loney green
calctapp · 1926
2 sentences

1942(A nglo California Trust Co. v. Kelley, 117 Cal.App. 692 [ 4 P.2d 604 ]; Sohler v. Sohler, 135 Cal. 323 [ 67 P. 282 , 87 Am.St.Rep. 98 ]; Bacon v. Bacon, 150 Cal. 477 [ 89 P. 317 ] ; Simonton v. Los Angeles T. & S. Bank, 192 Cal. 651 [ 221 P. 368 ] ; Clavey v. Loney, 80 Cal.App. 20 [ 251 P. 232 ] ; Jeffords v. Young, 98 Cal.App. 400 [ 277 P. 163 ].) In the recent ease of Olivera v. Grace, 19 Cal.2d 570, 575 [ 122 P.2d 564 ], the Supreme Court stated the rule as follows, quoting from 5 Pomeroy, Equity Jurisprudence (Equitable Remedies [2d ed.]), pages 4671, 4672: “. . . where the legal judgment

1942(A nglo California Trust Co. v. Kelley, 117 Cal.App. 692 [ 4 P.2d 604 ]; Sohler v. Sohler, 135 Cal. 323 [ 67 P. 282 , 87 Am.St.Rep. 98 ]; Bacon v. Bacon, 150 Cal. 477 [ 89 P. 317 ] ; Simonton v. Los Angeles T. & S. Bank, 192 Cal. 651 [ 221 P. 368 ] ; Clavey v. Loney, 80 Cal.App. 20 [ 251 P. 232 ] ; Jeffords v. Young, 98 Cal.App. 400 [ 277 P. 163 ].) In the recent ease of Olivera v. Grace, 19 Cal.2d 570, 575 [ 122 P.2d 564 ], the Supreme Court stated the rule as follows, quoting from 5 Pomeroy, Equity Jurisprudence (Equitable Remedies [2d ed.]), pages 4671, 4672: “. . . where the legal judgment

11942–1942
Simonton v. Los Angeles Trust & Savings Bank green
cal · 1923
2 sentences

1942(A nglo California Trust Co. v. Kelley, 117 Cal.App. 692 [ 4 P.2d 604 ]; Sohler v. Sohler, 135 Cal. 323 [ 67 P. 282 , 87 Am.St.Rep. 98 ]; Bacon v. Bacon, 150 Cal. 477 [ 89 P. 317 ] ; Simonton v. Los Angeles T. & S. Bank, 192 Cal. 651 [ 221 P. 368 ] ; Clavey v. Loney, 80 Cal.App. 20 [ 251 P. 232 ] ; Jeffords v. Young, 98 Cal.App. 400 [ 277 P. 163 ].) In the recent ease of Olivera v. Grace, 19 Cal.2d 570, 575 [ 122 P.2d 564 ], the Supreme Court stated the rule as follows, quoting from 5 Pomeroy, Equity Jurisprudence (Equitable Remedies [2d ed.]), pages 4671, 4672: “. . . where the legal judgment

1942(A nglo California Trust Co. v. Kelley, 117 Cal.App. 692 [ 4 P.2d 604 ]; Sohler v. Sohler, 135 Cal. 323 [ 67 P. 282 , 87 Am.St.Rep. 98 ]; Bacon v. Bacon, 150 Cal. 477 [ 89 P. 317 ] ; Simonton v. Los Angeles T. & S. Bank, 192 Cal. 651 [ 221 P. 368 ] ; Clavey v. Loney, 80 Cal.App. 20 [ 251 P. 232 ] ; Jeffords v. Young, 98 Cal.App. 400 [ 277 P. 163 ].) In the recent ease of Olivera v. Grace, 19 Cal.2d 570, 575 [ 122 P.2d 564 ], the Supreme Court stated the rule as follows, quoting from 5 Pomeroy, Equity Jurisprudence (Equitable Remedies [2d ed.]), pages 4671, 4672: “. . . where the legal judgment

11942–1942

Where else courts name it

TX 92 (1889–2025) MA 23 (1939–2018) IL 11 (1876–1992) FL 10 (1980–2025) CA 10 (1942–2011) NC 6 (1999–2026) TN 6 (2001–2013) PA 5 (1935–2023) MT 4 (2008–2015) DE 4 (2015–2024) MI 4 (2007–2017) AL 3 (1880–2014) OH 3 (1957–2019) MO 3 (1960–1984) AR 2 (1994–2015) GA 2 (1897–2020) WV 2 (1901–2000) KY 2 (2021–2025) NY 2 (2015–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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