Duke

Duke v. Levy

Good Law
1929 Cal. LEXIS 398·208 Cal. 376·281 P. 496
Supreme Court of CaliforniaOctober 15, 1929Docket No. S.F. 12652.California3,163 words

Opinion

Lead Opinion

Richards, J.

There are in the record herein six separate appeals in three cases wherein the parties are substantially the same and the facts are similar. The first three of these appeals are, respectively, from the judgment in each of said actions. These three actions were consolidated by stipulation of the parties for the purposes of trial and appeal and are presented upon a single transcript and the same briefs. The other three appeals are from an order made in each ease after final judgment vacating a prior order of the trial court staying proceedings upon the judgment in each case pending appeal. In the three main appeals the facts are as stated in the findings of the trial court and are practically undisputed. The sole question of law upon each of said appeals is as to whether the judgment in each is supported by the findings. Each of said actions was instituted by the plaintiffs and appellants herein for the purpose of having certain transactions between the parties declared to be usurious and to have it adjudged that certain notes and trust deeds made and executed in the course of these transactions were void for usury.

The facts in the first of these cases, as found by the trial…

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