Wheelock v. Warschauer
California Supreme Court
Appeal from County Court of San Francisco. This action was commenced June 10th, 1861, in a Justice’s Court in San Francisco, under the thirteenth section of the Forcible Entry and Detainer Act.
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Appeal from County Court of San Francisco. This action was commenced June 10th, 1861, in a Justice’s Court in San Francisco, under the thirteenth section of the Forcible Entry and Detainer Act. The complaint alleges that on the first day of October, 1858, the plaintiff, Joanna Wheelock, leased from month to month to the defendant, William Warschauer, a lot in San Francisco; that defendant took possession and still continues to occupy; that on the twenty-ninth of April, 1861, plaintiff served upon defendant a notice to quit on the first day of June following; that on the third day of June, and…
1Opinion of the CourtCope, J.
Field, C. J. and Norton, J. concurring.
This is an action under the thirteenth section of the Forcible Entry and Unlawful Detainer Act. The complaint alleges that the defendant is a tenant of the plaintiff, and that he unlawfully detains the demised premises, setting forth facts showing a wrongful holding over. The answer admits that a tenancy once existed between the parties, but alleges that it was terminated by the eviction of the defendant under a judgment in ejectment recovered against him by one Dutton. It alleges also that the defendant pleaded his title *316as tenant in defense of the…
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