Vermule v. Shaw
California Supreme Court
Appeal from the County Court of the County of Santa Clara. This was an action of forcible entry and detainer. The plaintiff claimed 160 acres of land near the City of San José under the pre-emption laws of the United States, and by virtue of an Act of the Legislature of California, entitled “An Act prescribing the mode of Maintaining and Defending Possessory Actions on Public Lands in this State,” a verdict was rendered against the defendant.
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Appeal from the County Court of the County of Santa Clara. This was an action of forcible entry and detainer. The plaintiff claimed 160 acres of land near the City of San José under the pre-emption laws of the United States, and by virtue of an Act of the Legislature of California, entitled “An Act prescribing the mode of Maintaining and Defending Possessory Actions on Public Lands in this State,” a verdict was rendered against the defendant. He moved for a new trial, and judgment being entered against him, he appealed to the County Court. The plaintiff moved the County Court to dismiss the…
1Opinion of the CourtJustice Heydeneeldt
The statement in this case is not certified by the Judge, nor agreed upon by the parties. It is, therefore, no part of the record, and thus are excluded from our consideration the second and third points made by the appellant which depend upon it.
Upon the first point there is no error, because it must be supposed that the motion for a new trial before the Justice was abandoned, which the defendant had the right to do.
The fourth point made is, that the Judge who tried the cause did not file his finding of the facts until after the judgment was entered. It seems that judgment was entered on the…
2Cases cited1 opinion
- Russel v. ArmadorCalifornia Supreme Court · 1852
3Cited by14 opinions
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- People v. VanceCalifornia Supreme Court · 1863
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