Suman v. Archibald

Citations

• 116 Cal. 41
• 47 P. 865
• 1897 Cal. LEXIS 504

Syllabus

<p>Foreclosure oe Mortgage—Counterclaim—Judgment for Defendant —Appeal— Substitution of Assignee of Judgment.—Upon appeal from a judgment rendered in favor of a mortgagor upon a counterclaim in an action to foreclose the mortgage, a motion in the appellate court to substitute as defendant a corporation to whom the mortgagor had sold and assigned all his interest in the judgment will be denied, the mortgagor being the only proper party defendant, in case of reversal of the judgment, against whom a judgment could be rendered upon the note and mortgage.</p> <p>Id.—Motion by Assignee to Dismiss Appeal—Failure of Appellant to File Points—Insolvency of Respondent no Excuse.—The assignee of the judgment in favor of the mortgagor may move in his name, as respondent, to dismiss the appeal from the judgment, for failure of appellant to file his points and authorities within the time limited by the rule; and it is no sufficient answer to such motion to show that the respondent had filed a petition in insolvency, and that no assignee had been appointed, that fact being no excuse for failure of appellant to file his points and authorities in time.</p>