Affierbach v. McGovern
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtWorks, J.
The respondent brought this suit against the appellant to recover certain personal property, consisting of live-stock and a wagon. The complaint avers that the plaintiff was the owner and entitled to the possession of the property on the twelfth day of August, 1880, and the complaint was not filed until the fifteenth, day of December, 1884. There was no demurrer to the complaint, but the point is made in this court that it "does not state facts sufficient to constitute a cause of action. A complaint to be good must show a cause of action in favor of the plaintiff and against the defendant…
2Cases cited1 opinion
- Pico v. CohnCalifornia Supreme Court · 1889
3Cited by20 opinions
- Fredericks v. TracyCalifornia Supreme Court · 1893
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Williams v. AsheCalifornia Supreme Court · 1896
- Kimball v. RedfieldOregon Supreme Court · 1898
- Byxbee v. DeweyCalifornia Supreme Court · 1900
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