Bell v. Walsh

Citations

• 7 Cal. 84

Syllabus

<p>Where the plaintiff filed his bill to foreclose a mortgage executed by defendants, who admit the demand, but ask that a certain sum be retained in the hands of the Court, to answer a judgment against defendants, to the satisfaction of which they claim that the plaintiff is proportionately liable as a former partner of defendants, although he was not served with process in the case: Held, that it was error to retain such sum in the hands of the Court.</p> <p>Before the liability of plaintiff for contribution is fixed, the defendants must satisfy the judgment, and establish the claim against the plaintiff by action.</p> <p>Those who seek equity should offer to do equity.</p> <p>The fact that plaintiff was about to leave the State, does not alter his liability. The remedy in such case being by ne exeat.</p>