Kirsch v. Smith
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco. The judgment of the county court referred to in the opinion was a judgment in favor of the defendant herein in an action of forcible detainer brought by the plaintiffs for the restitution and possession of the same premises in controversy in this action. The other facts are stated in the opinion of the court.
1Per curiam
The questions raised by appellant’s counsel, with a single exception, were considered and decided adversely to his vieivs in Kirsch v. Brigard, 63 Cal. 319. The question which distinguishes this case from that arises out of the ruling of the court upon an application of the defendant to amend his answer. The application was made more than three years after the filing of the original answer, and within five days of the commencement of the trial. The application was denied and the ruling excepted to. The provision of the Code applicable to this subject is as follows: “The court may likewise, in…
2Cases cited1 opinion
- Kirsch v. BrigardCalifornia Supreme Court · 1883
3Cited by5 opinions
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