Skip to main content
· 5/15/1884

Seré v. McGovern

Citations

  • 65 Cal. 244
  • 3 P. 859
  • 1884 Cal. LEXIS 504

Syllabus

<p>Jubisdiotion—Dismissal as to a Pabty. —The court has no jurisdiction to render judgment against a party as to whom the action has been dismissed until the order of dismissal is vacated.</p> <p>Conteact—Conditional Sale—Title.—Where a party delivers possession of personal property to another under an agreement to sell ih consideration of a cash payment and other deferred payments, time being of the essence of the agreement, the contract is executory, and no title passes until the deferred payments are made; and a failure to make them according to the terms of the agreement entitles the vendor to the possession of the property.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • plaintiff may recover under OCGA § 13-6-11 “only [those] attorney fees and expenses . . . incurred in prosecuting the second action”

Source: CourtListener parenthetical corpus (CC0).

Judges: McKee

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.