Valentine v. Mahoney
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action of ejectment, to recover possession of a tract of land in San Francisco, commenced October 31st, 1861. The complaint was in the usual form.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. This was an action of ejectment, to recover possession of a tract of land in San Francisco, commenced October 31st, 1861. The complaint was in the usual form. The defendants in their answer set up, by way of estoppel, that on the 10th day of March, 1857, defendant Dennis Mahoney commenced an action in the District Court of the Twelfth Judicial District against John Wilson and others to recover possession of the same land, and that an issue was made therein as to whether said Dennis Mahoney or Wilson…
1Opinion of the Court
By the Court, Rhodes, J.:
The record is in such a condition as to impose upon the Court and counsel much unnecessary labor in reviewing the case. There was a general decision for the defendants, without any express finding of facts, and it is impossible to ascertain from the record upon which one of the several issues the decision turned—whether upon prior possession, or title under the Van Hess Ordinance, or the effect of the judgment in Mahoney v. Wilson. Counsel are under no legal or perhaps professional obligation to prepare findings; but it is apparent that, if the facts in this case had…
2Cases cited5 opinions
- Calderwood v. BrooksCalifornia Supreme Court · 1865
- Garner v. MarshallCalifornia Supreme Court · 1858
- Wheelock v. WarschauerCalifornia Supreme Court · 1863
- Dimick v. DeringerCalifornia Supreme Court · 1867
- Wheelock v. WarschauerCalifornia Supreme Court · 1867
3Cited by24 opinions
- Brown v. BrownCalifornia Supreme Court · 1915
- Perkins v. Benguet Consolidated Mining Co.California Court of Appeal · 1942
- People ex rel. Bryant v. HolladayCalifornia Supreme Court · 1892
- Prewitt v. WilbornCourt of Appeals of Kentucky · 1919
- Wehle v. PriceCalifornia Supreme Court · 1927
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