Legal Opinion

Oakland Gas Light Co. v. Dameron

California Supreme Court

Decided November 19, 1885No. 8380PublishedCited by 5 opinions

Appeal from a judgment of the Superior Court of the county of Alameda, and from an order refusing a new trial. This was an action of ejectment. The remaining facts sufficiently appear in the head-notes and opinion of the court.

1Opinion of the CourtMcKinstry, J.

It is urged by appellant that the court below did not find on the plea of the Statute of Limitations. The plea is that plaintiff’s cause of action is barred by sections 315, 316, 318, and 332 of the Code of Civil Procedure. The finding is as broad and specific as the plea.

The defendant Dameron moved for a nonsuit on the ground fhat there was no evidence that he was in possession of the demanded premises when the suit was brought, or at any time. Section 379 of the Code of Civil Procedure provides: “ In an action to ... . determine the right to the possession of real *664.property which, at the…

2Cited by5 opinions

  1. People v. LeonardCalifornia Supreme Court · 1895
  2. Moore v. MooreCalifornia Supreme Court · 1893
  3. Ybarra v. SylvanyCalifornia Supreme Court · 1893
  4. Lillis v. People's Ditch Co.California Supreme Court · 1892
  5. Luco v. De ToroCalifornia Supreme Court · 1891

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