Cummings v. O'Brien

Citations

• 122 Cal. 204
• 54 P. 742
• 1898 Cal. LEXIS 557

Syllabus

<p>Evidence—Law oe Another State—Question of Fact and raw.— The law of another state on which depended the obligation of a judgment of that state sued upon in a court of this state, may be proved as a fact; though the effect of the law, when proved, is a legal question for the court.</p> <p>Id.—Parties—Presumptions upon Appear.—Upon appeal from a judgment rendered in this state upon a deficiency judgment rendered in another state, where the record shows that the law of the other state was proved, but its tenor is not disclosed by the record, it cannot be presumed that the failure to make the grantee of the mortgagor a party to the foreclosure rendered the judgment void; but it must be presumed that the court properly considered the evidence, and correctly inferred therefrom that, under the proved law of the other state, the former judgment was rendered by the court in the due exercise of its jurisdiction, and was in all respects valid.</p>