Hill v. Security Loan & Abstract Co.

1. The proceeding to eject an intruder upon lands upon an affidavit made by one in good faith claiming possession thereof, as provided under section 5380 of the Civil Code (1910), being strictly summary in its nature and designed to effect an immediate eviction, and there being no provision in the statute as to when an issue formed upon a counter-affidavit to such a proceeding under section 5382 of the Civil Code (1910) may be tried, the trial of such an issue may be had at the term of court during which the counter-affidavit is filed.

2. Under section 5380 of the Civil Code (1910) as to the…