SACRAMENTO SUBURBAN FRUIT LANDS CO. v. ZDARSKY

No. 5698.

36 F.2d 939 (1929)

SACRAMENTO SUBURBAN FRUIT LANDS CO. v. ZDARSKY.

Circuit Court of Appeals, Ninth Circuit.

December 17, 1929.


Attorney(s) appearing for the Case

Butler, Van Dyke & Desmond, of Sacramento, Cal., and Edward P. Kelly, of Minneapolis, Minn., for appellant.

Ralph H. Lewis and George E. McCutchen, both of Sacramento, Cal., for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.


RUDKIN, Circuit Judge.

In this case, as in many others of like character, the appellant is attempting to predicate error on a consent order overruling a demurrer to the complaint. This, of course, is not permissible.

A witness for the appellee testified that he was a former owner of the tract later sold to the appellee, and that the property was sold at foreclosure sale for about $2,600. On cross-examination he further testified that the sale was made subject...

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