Legal Opinion

Holland v. Green

California Supreme Court

Decided November 16, 1882No. 8,552PublishedCited by 2 opinions

Appeal from a judgment for the plaintiff and from an order denying a motion for a new trial in the Superior Court of Los Angeles County. Howard, J. The lease from Mary L. Gould referred to in the opinion was offered “for the purpose of showing the good faith of the entry of ” the defendant.

1Opinion of the Court

The Court :

The first ground upon which appellants rely for a reversal of the judgment below is that the complaint is substantially defective. The averment is “ that on the said twenty-sixth day of' January, 1882, the defendants unlawfully entered upon said land, and turned this plaintiff out of the possession thereof, by threats and menacing conduct, and ever since that time said defendants have and still do hold the possession thereof by threats of violence against this plaintiff.” We think that the above averment brings this case within Section 1159, C. C. P., which provides that “ every…

2Cases cited1 opinion

  1. Voll v. HollisCalifornia Supreme Court · 1882

3Cited by2 opinions

  1. Kerr v. O'KeefeCalifornia Supreme Court · 1903
  2. Morse v. BoydeMontana Supreme Court · 1891

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