Salmon v. Wilson
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Sonoma. This was an action of ejectment, brought against all the occupants (over a hundred in number) of the Rancho •Laguna de San Antonio, in Sonoma and Marin Counties.
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Appeal from the District Court of the Seventh Judicial District, County of Sonoma. This was an action of ejectment, brought against all the occupants (over a hundred in number) of the Rancho •Laguna de San Antonio, in Sonoma and Marin Counties. Isaac R. Jewell, one of the defendants, answered separately; and the case, so far as he was concerned, was tried, and judgment obtained against him in March, 1870. He after-wards made a motion for a new trial, which being overruled, he took this appeal from the order as well as from the judgment. The complaint, after giving the title of the Court and…
1Opinion of the Court
By the Court, Crockett, J.:
The demurrer to the complaint, on the ground that it is ambiguous, and does not state facts sufficient to constitute a cause of action, was properly overruled. The facts on which the plaintiff relies might, perhaps, have been stated with more perspicuity; but enough appears in the complaint to render it easy of comprehension and free from reasonable doubt, which is all that is necessary.
Under the second ground of demurrer, it is objected that if the plaintiff can recover at all, it can only be in her capacity of executrix, and not in her own right, and that the…
2Cases cited6 opinions
- Peck v. VandenbergCalifornia Supreme Court · 1866
- Marshall v. ShafterCalifornia Supreme Court · 1867
- Siglar v. Van RiperNew York Supreme Court · 1833
- Carpentier v. GardinerCalifornia Supreme Court · 1865
- Owen v. MortonCalifornia Supreme Court · 1864
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3Cited by20 opinions
- Lake v. BenderNevada Supreme Court · 1884
- City of Manhattan Beach v. Superior CourtCalifornia Supreme Court · 1996
- Kraner v. HalseyCalifornia Supreme Court · 1889
- Whitehead v. SweetCalifornia Supreme Court · 1899
- Bertelsen v. BertelsonCalifornia Court of Appeal · 1942
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