Randall v. Falkner
California Supreme Court
Appeal from the County Court of Stanislaus County. Action commenced in the County Court. The complaint alleged that the defendant entered on the land in the nighttime, during the temporary absence of the plaintiff, and that more than five days before the commencement of the action the plaintiff demanded of the defendant that he surrender the land to the plaintiff. The summons stated that the action was brought for the possession and restitution of the land, describing it.
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Appeal from the County Court of Stanislaus County. Action commenced in the County Court. The complaint alleged that the defendant entered on the land in the nighttime, during the temporary absence of the plaintiff, and that more than five days before the commencement of the action the plaintiff demanded of the defendant that he surrender the land to the plaintiff. The summons stated that the action was brought for the possession and restitution of the land, describing it. The defendant moved to dismiss the action, because the Court had no jurisdiction over the subject matter, as it appeared…
1Opinion of the Court
By the Court, Crockett, J.:
This is an action for forcible. detainer, under the third section of the forcible entry and detainer Act of April 2d, 1866. (Stats. 1865-6, p. 769.) Judgment was entered for the plaintiff, and the defendant appeals, assigning as error certain rulings of the Court during the progress of the trial, as shown by bills of exception brought up in the record.
After filing his answer the defendant moved to quash the summons as insufficient; but the motion was properly denied. The only purpose of the summons is to bring the defendant into Court; and when he appears and…
2Cited by10 opinions
- Wahlefeld v. WahlefeldCalifornia Court of Appeal · 1930
- Martin v. PritchardCalifornia Court of Appeal · 1921
- Whitaker v. MoranCalifornia Court of Appeal · 1914
- Prichard v. Southern Pacific Co.California Court of Appeal · 1935
- Taylor v. HillCalifornia Supreme Court · 1896
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