Honaker v. Heatly
California Court of Appeal
APPEAL from a judgment of the Superior Court of Imperial County and from an order refusing a new trial. Franklin J. Cole, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtShaw, J.
Action of ejectment. Judgment went for plaintiff, from which, and an order denying his motion for a new trial, defendant appeals.
The only point urged by appellant is that the court failed to make findings upon material issues tendered by the pleadings. In addition to the denials contained in the answer, defendant, by an amendment thereto, pleaded affirmatively certain facts which he claims constituted- an equitable defense to the cause of action. The court found in favor of plaintiff as to the issues tendered by the complaint, but, notwithstanding evidence offered in support thereof, refused…
2Cases cited7 opinions
- Maye v. TappanCalifornia Supreme Court · 1863
- Montgomery v. LockeCalifornia Supreme Court · 1887
- Schraeder Mining & Manufacturing Co. v. PackerSupreme Court of the United States · 1889
- Cottrell v. PickeringUtah Supreme Court · 1907
- McCreery v. SawyerCalifornia Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Oaks v. RenshawCalifornia Court of Appeal · 1946