Drake v. Palmer
California Supreme Court
Appeal from the Superior Court of San Francisco. The appellants filed their complaint against the respondents, stating that on the 8th of May, 1851, the defendants, with force and arms, entered certain premises in San Francisco, then lawfully occupied by the plaintiffs, and forcibly and unlawfully evicted the plaintiffs therefrom, and removed building materials, lumber, &c., which the plaintiffs had thereon; and caused a building which the plaintiffs had commenced erecting…
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Appeal from the Superior Court of San Francisco. The appellants filed their complaint against the respondents, stating that on the 8th of May, 1851, the defendants, with force and arms, entered certain premises in San Francisco, then lawfully occupied by the plaintiffs, and forcibly and unlawfully evicted the plaintiffs therefrom, and removed building materials, lumber, &c., which the plaintiffs had thereon; and caused a building which the plaintiffs had commenced erecting to be torn down, &c.; and that the defendants still retained, and refused to allow the plaintiffs to enter or occupy the…
1Opinion of the CourtJustice Anderson
The appellants obtained a verdict in the Court below, for the sum of $4562.66 and costs. The judgment was ordered by the Court to be entered for that sum, with interest at the rate of ten per cent, per annum from the date thereof. A new trial was moved by the respondents, and ordered by the Court. The plaintiffs objected to the motion being heard, on the ground that the motion Was not entered of record, and was not within time. From the *182decision of the Court they appealed. It is not necessary to state the case at length; nor is there anything in the record of which the appellants are entitled…
2Cited by2 opinions
- Hastings v. Steamer Uncle SamCalifornia Supreme Court · 1858
- Drake v. Palmer, Cook & Co.California Supreme Court · 1853