gno.law

Blythe v. Lamberth

California Court of Appeal · Civ. No. 2336. · 1919-02-04 · Published · 179 P. 533 · 39 Cal. App. 583 · 1919 Cal. App. LEXIS 158

Margaret E. Blythe v. Robert N. Lamberth

Proceeding
appeal from a judgment
Trial court
Superior Court of Los Angeles County
Trial judge
John M. York
Outcome
affirmed — Affirmed.
Area
civil
Panel
James (author), &#8212

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

This is an appeal from the judgment. The sole contention made is that the holder of a trust deed given to secure a lien upon real property, after exhausting the remedy by sale and finding that a deficiency exists, may not proceed by action to recover the balance due upon the promissory note. This point was directly decided, long before this appeal was taken, against the contention here urged. (Sacramento Bank v. Copsey, 133 Cal. 663, [85 Am. St. Rep. 242, 66 P. 8, 205]; Kraft Co. v. Bryan,140 Cal. 73, [73 P. 745].)

The appeal is without the slightest merit and should not have been taken.

The judgment appealed from is affirmed, and, it appearing that the appeal was made for delay, it is ordered that the respondent have and recover from the appellant the sum of one hundred dollars as damages.

Conrey, P. J., and Shaw, J., concurred. *Page 584

Cites, in this corpus

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