Ford v. Doyle
California Supreme Court
Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. November 14th, 1864, the plaintiff commenced an action against-Doyle, and John Doe, and Bichard Boe, to re- cover possession of part of block two hundred and ninety, in the "Western Addition. On the eighteenth of the same month the Sheriff returned the summons as served “ upon James Doyle (as Doyle) one of the within named defendants.”
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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. November 14th, 1864, the plaintiff commenced an action against-Doyle, and John Doe, and Bichard Boe, to re- cover possession of part of block two hundred and ninety, in the "Western Addition. On the eighteenth of the same month the Sheriff returned the summons as served “ upon James Doyle (as Doyle) one of the within named defendants.” John Doyle answered, and on the 1st day of December, 1866, the Court rendered judgment against James Doyle. On the 19th of February, 1867, the Sheriff' returned a…
1Opinion of the Court
By the Court, Biles, J.:
The motion for an alias writ of possession was substantially a renewal of the motion previously made and denied for an order requiring the Sheriff to execute the first writ of possession issued upon the judgment.
The doctrine of res adjudicata, in its strict sense, does not apply to such motions made in the course of practice, and the Court may, upon a proper showing, allow a renewal of a motion of this kind once decided. But this leave will rarely be given upon the ground that the moving party can produce additional evidence in support of his motion, unless it also…
2Cited by22 opinions
- People v. VernonCalifornia Court of Appeal · 1935
- Board of Commissioners v. McIntoshSupreme Court of Kansas · 1883
- Calhoun v. GreeningAlaska Supreme Court · 1981
- Dellwo v. PetersenIdaho Supreme Court · 1921
- Enderlin State Bank v. JenningsNorth Dakota Supreme Court · 1894
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