Lick v. Stockdale
California Supreme Court
Appeal from the Fourth District. Ejectment against thirty-three defendants for four fifty vara lots in the city of San Francisco, to wit: lots 1471, 1472, 1478, 1479. The complaint is in the usual form, describing the land as in a single tract two hundred and seventy-five feet square, charging that “ the defendants on, etc., wrongfully entered upon said premises and ousted plaintiff therefrom, and are now wrongfully in possession of said premises,” etc., praying for $5,000…
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Appeal from the Fourth District. Ejectment against thirty-three defendants for four fifty vara lots in the city of San Francisco, to wit: lots 1471, 1472, 1478, 1479. The complaint is in the usual form, describing the land as in a single tract two hundred and seventy-five feet square, charging that “ the defendants on, etc., wrongfully entered upon said premises and ousted plaintiff therefrom, and are now wrongfully in possession of said premises,” etc., praying for $5,000 damages. The complaint was filed April 21st, 1855. All the defendants answered except Mitchell, Stockdale and Shane, who…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
The appeal is taken from the judgment of the Fourth District Court, in an action of ejectment.
Several assignments of error are made:
1. That the judgment roll does .not show that the Court ever acquired jurisdiction over the person of Stockdale, one of the defendants. But the finding of the Court is, that the defendant was duly served with process ; and this recital is sufficient to show that the Court had jurisdiction. The judgment does not depend upon the performance of the clerical duty of making up the judgment roll, or the preserving of the papers. It is enough if the…
2Cases cited1 opinion
- Vallejo v. FayCalifornia Supreme Court · 1858
3Cited by5 opinions
- Kahn v. MatthaiCalifornia Supreme Court · 1897
- Porter v. the Arrow Head Reservoir Co.California Supreme Court · 1893
- Lyons v. RoachCalifornia Supreme Court · 1890
- Andrews v. CarlileSupreme Court of Colorado · 1894
- Whitfield v. HowardSouth Dakota Supreme Court · 1900