Burling v. Thompkins
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Cruz County, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtPaterson, J.
Ejectment. In the title of the cause, the plaintiff is styled “Benjamin Burling, administrator of the estate of William Burling, deceased.” The complaint contains no allegations respecting his representative character, being in the ordinary form, alleging ownership and right of possession in the plaintiff. To this complaint the defendant filed a demurrer, which was overruled. The ground of demurrer is, that it cannot be ascertained from the complaint whether the plaintiff is suing as administrator in his representative capacity, or as an individual in his own right.
The words quoted created no…
2Cases cited11 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
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- Damrell v. MeyerCalifornia Supreme Court · 1870
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3Cited by13 opinions
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- Plumlee v. PoagCalifornia Court of Appeal · 1984
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