Kimball v. Lohmas
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Sacramento County. The plaintiff brought three several actions to recover possession of cord wood cut and removed from his land by the defendants while they were in possession of the land. The parties stipulated that the three cases should be heard together, and that all the testimony introduced in each case should be considered as introduced in the other cases so far as it was applicable.
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Appeal from the District Court, Sixth Judicial District, Sacramento County. The plaintiff brought three several actions to recover possession of cord wood cut and removed from his land by the defendants while they were in possession of the land. The parties stipulated that the three cases should be heard together, and that all the testimony introduced in each case should be considered as introduced in the other cases so far as it was applicable. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Sanderson, J.:
Actions for personal property, consisting of cord wood alleged to have been cut and removed from the land of the plaintiff by the defendants. The plaintiff obtained judgments and the defendants appealed.
The cases come here upon a special finding of facts to which no exception was taken by either side, and it is claimed by the defendants that upon this finding the judgments should have gone the other way.
Counsel differ as to the true meaning of the finding, it being claimed on the part of the defendants that it is to be read as finding an unqualified adverse…
2Cases cited1 opinion
- Halleck v. MixerCalifornia Supreme Court · 1860
3Cited by21 opinions
- Page v. FowlerCalifornia Supreme Court · 1870
- Ophir Silver Mining Co. v. Superior CourtCalifornia Supreme Court · 1905
- Burns v. . StewartSupreme Court of North Carolina · 1913
- Martin v. ThompsonCalifornia Supreme Court · 1882
- United States v. WilliamsMontana Supreme Court · 1887
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