Wheelock v. Warschauer
California Supreme Court
Appeal from the County Court, City and County of San Francisco. In 1859 Dutton sued Warschauer in ejectment to recover possession of a lot in the City of San Francisco. At the time the action was commenced, Warschauer was in possession of the lot as the tenant of Joanna Wheelock, the plaintiff herein.
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Appeal from the County Court, City and County of San Francisco. In 1859 Dutton sued Warschauer in ejectment to recover possession of a lot in the City of San Francisco. At the time the action was commenced, Warschauer was in possession of the lot as the tenant of Joanna Wheelock, the plaintiff herein. On the 18th day of May, 1861, Dutton recovered judgment for possession of the lot, and on the same day a writ of possession was placed in the Sheriff’s hands, who removed Warschauer and placed Dutton in possession, and Warschauer on the same day again entered into possession as the tenant of…
1Opinion of the Court
By the Court, Rhodes, J.:
Button sued Warschauer in ejectment to recover the possession of the premises in controversy, and obtained judgment in the District Court, and, under the writ of restitution, Warschauer was expelled and Dutton was placed in possession. At the commencement of the action, and at the rendition of the judgment, Warschauer was the tenant, from month to month, of Mrs. Wheelock, the present plaintiff, and she having been notified by her tenant of the pendency of the action, defended the same in the name of the tenant; and after the execution of the writ of restitution she…
2Cases cited1 opinion
- Dutton v. WarschauerCalifornia Supreme Court · 1863
3Cited by5 opinions
- Valentine v. MahoneyCalifornia Supreme Court · 1869
- Ferrea v. ChabotCalifornia Supreme Court · 1883
- Steinback v. KroneCalifornia Supreme Court · 1868
- Douglas v. FuldaCalifornia Supreme Court · 1873
- Dimas v. IrvineCalifornia Court of Appeal · 1959