McDougal v. Downey

Citations

• 45 Cal. 165

Syllabus

<p>Enforcing Lien or Mortgage.—When a mortgage is given to secure money to fall due in several installments from year to year, a judgment enforcing the lien of the mortgage for one installment is not a bar to another action to enforce the lien of the mortgage for another installment subsequently falling due.</p> <p>Idem.—Section two hundred and forty-eight of the Practice Act, in relation to enforcing the lien of a mortgage, does not apply to a case where an installment secured by the mortgage falls due after it has been enforced for an installment due at an earlier date.</p> <p>Costs on Appeal.—When an appellant inserts unnecessary and irrelevant matter in a transcript, he cannot, if he succeeds on the appeal, compel the respondent to pay for it.</p>