Avery v. Superior Court
Citations
- 57 Cal. 247
Syllabus
<p>Mandamus — Injunction — Definition — Appeal — Former Adjudication— Estoppel.—In an action for mesne profits, after a judgment in ejectment, an order was made staying proceedings pending an action in the United States Circuit Court, by the United States against the plaintiff, to annul the patent upon which his title rested. Held, that the judgment in ejectment established plaintiff’s title to the land as against defendant, and the right to recover the rents followed, as a legal consequence; and that the order staying proceedings not being an injunction, no appeal lies from it, and therefore mandamus is the proper remedy.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- will evidenced an irrevocable contract where will was joint and mutual, and the survivor benefitted from the mutual promises made therein
- will evidenced an irrevocable contract where will was joint and mutual, and the survivor benefitted from the mutual promises made therein
- will was mutual where it included an express statement of intent that survivor would not have the right to dispose of property in manner other than specified in the will
Source: CourtListener parenthetical corpus (CC0).
Judges: Morrison
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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