Legal Opinion

Montijo v. Robert Sherer & Co.

California Court of Appeal

Decided June 18, 1907No. Civ. No. 359PublishedCited by 12 opinions

APPEAL from an order of the Superior Court of Los Angeles County, setting aside a judgment by default and granting leave to answer. Walter Bordwell, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtTaggart, J.

Defendant Ryan was an employee of Robert Sherer & Co. and was joined with the members of that copartnership in an action for damages for forcible entry upon premises of which plaintiffs allege themselves to have been the owners and in the actual possession" at the time of such entry, to wit, on February 2, 1906, and to and until February 14, 1906, and at divers times between said dates.

Ryan was served with summons February 20, 1906, and the members of Sherer & Co. served on February 21st and 23d, respectively. Sherer & Co. answered, but Ryan failed to do so, and on March 5, 1906, the default…

2Cases cited4 opinions

  1. Melde v. ReynoldsCalifornia Supreme Court · 1900
  2. Lakeshore Cattle Co. v. Modoc Land & Livestock Co.California Supreme Court · 1895
  3. Merchants' Ad-Sign Co. v. Los Angeles Bill Posting Co.California Supreme Court · 1900
  4. Fulweiler v. Hog's Back Consolidated Mining Co.California Supreme Court · 1890

3Cited by12 opinions

  1. Weitz v. YankoskyCalifornia Supreme Court · 1966
  2. Simmons v. SimmonsCalifornia Court of Appeal · 1913
  3. Yarbrough v. YarbroughCalifornia Court of Appeal · 1956
  4. Salsberry v. JulianCalifornia Court of Appeal · 1929
  5. Rosebud Lumber Co. v. SerrSouth Dakota Supreme Court · 1908

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