Mason v. Wolff
California Supreme Court
Appeal from the County Court of tbe City and County of San Francisco. Tbis cause was tried by tbe Court without a jury. In tbe course of tbe trial tbe plaintiff offered in evidence tbe findings and judgment in tbe former action of Mason v. Michael Wolff and Whiteman for tbe balf acre of upland. Defendants objected to tbe evidence on tbe ground tbat it was not between tbe same parties, called for different land, and was irrelevant, incompetent and immaterial.
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Appeal from the County Court of tbe City and County of San Francisco. Tbis cause was tried by tbe Court without a jury. In tbe course of tbe trial tbe plaintiff offered in evidence tbe findings and judgment in tbe former action of Mason v. Michael Wolff and Whiteman for tbe balf acre of upland. Defendants objected to tbe evidence on tbe ground tbat it was not between tbe same parties, called for different land, and was irrelevant, incompetent and immaterial. Tbe Court overruled defendant’s objections and admitted' tbe evidence. Judgment was for plaintiff against all tbe defendants, for…
1Opinion of the Court
Tehple, J.,
delivered tbe opinion of tbe Court, Wallace, J., and CROCKETT, J., concurring:
Tbis action was brought under tbe Forcible Entry and Unlawful Detainer Act, against a tenant, to enforce a forfeiture for non-payment of rent. Tbe action is brought not only against Michael Wolff and Whiteman, tbe original tenants, but also against William H. Wolff and one Eyan, who, it is alleged, have entered into possession under tbe original tenants.
Tbe answer admits tbe lease, but denies that defendants, William H. Wolff or Eyan, entered under tbe tenants of plaintiff, or with their consent, but…
2Cases cited1 opinion
- Tewksbury v. MagraffCalifornia Supreme Court · 1867
3Cited by21 opinions
- Wickersham v. JohnstonCalifornia Supreme Court · 1894
- Felton v. MillardCalifornia Supreme Court · 1889
- Capps v. MerrifieldMichigan Supreme Court · 1924
- Knowles v. MurphyCalifornia Supreme Court · 1895
- In Re Estate of MyersOregon Supreme Court · 1953
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