Wellborn v. Wellborn
NADA TRUSCOTT WELLBORN v. CHARLES WELLBORN
- Area
- civil
- Panel
- Jesse W. Carter (author)
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 — Carter
CARTER, J.
This is an appeal from an order quashing the partial satisfaction of judgment of July 18, 1940, and reinstating the judgment lien made on motion in the above entitled action after the findings of fact and conclusions of law were filed in Sullivan v. Wellborn, ante, p. 214 [195 P.2d 787] this day decided. Mention is there made of such motion and order. Inasmuch as we have determined in Sullivan v. Wellborn, supra, ante, p. 214, that such partial satisfaction is to be expunged because it was the result of a void execution sale, the issue on this appeal becomes moot. (See Smith v. Bear Talley etc. Co., 26 Cal.2d 590 [160 P.2d 1]; Guardianship of Riley, 72 Cal.App.2d 742 [165 P.2d 555] ; Crocker v. Crocker First Nat. Bank, 60 Cal.App.2d 725 [141 P.2d 482]; Crouser v. Boice, 51 Cal.App.2d 198 [124 P.2d 358]; Scoville v. Be Bretteville, 50 Cal.App.2d 633 [123 P.2d 622].) The appeal should be, and therefore is, dismissed.
Gibson, C. J., Shenk, J., Edmonds, J., Traynor, J., Schauer, J., and Spence, J., concurred.
Cites, in this corpus
- Sullivan v. Wellborn L. A. 19996 · 1948-07-13
- Guardianship of Riley Civ. 14951 · 1946-01-29
- Smith v. Bear Valley Milling & Lumber Co. L. A. 18820 · 1945-06-26
- Crocker v. Crocker First National Bank Civ. 12378 · 1943-10-02
- Crouser v. Boice Civ. 12044 · 1942-04-10
- Scoville v. de Bretteville Civ. No. 2775 · 1942-03-20
Cited by
- Sullivan v. Wellborn L. A. 19996 · 1948-07-13