Hyperlawhypertext legal databasebeta Hewitt v. Dean 3 Cal. Unrep. 416

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Hewitt v. Dean

3 Cal. Unrep. 416 Court Cal. Decision date 1891-06-25 Docket No. 14,011 English

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p. 416
HEWITT v. DEAN et al.
No. 14,011;
June 25, 1891.
26 Pac. 1101.

Headnote

Judgment of Department—Rehearing in Bank.—A motion before one department of the supreme court, to set aside a sale of real property, will be dismissed, without prejudice to its renewal, where the judgment of that department on which it rests has been set aside, and a hearing in bank ordered.
Motion before Supreme Court.
Victor Montgomery for appellants; Ray Billingsby for respondent.

This cause is pending before this department upon a motion to set aside the sale of certain real property; but as the judgment in this court upon which said motion rests has been set aside, and a hearing in bank ordered, the motion is dismissed without prejudice to its renewal, if the circumstances, under which it was made again occur.