Olcovich v. Deremberg
California Court of Appeal
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. John J. Van Nostrand, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtKerrigan, J.
This is an appeal in an action of unlawful detainer, in which judgment was rendered for plaintiff for restitution, cancellation of lease, and five hundred dollars for rent, costs, and one hundred dollars attorney’s fees.
The main point relied upon by the defendant for a reversal of the judgment is that the lease sued upon is void by reason of an impossible description therein, and that until it shall have been reformed by an independent equitable action therefor the summary proceeding of unlawful detainer cannot be maintained.
The premises are described as a certain building “on the…
2Cases cited7 opinions
- Weaver v. ShipleyIndiana Supreme Court · 1891
- McLennan v. GrantWashington Supreme Court · 1894
- Whipple v. ShewalterIndiana Supreme Court · 1883
- Bulkley v. DevineIllinois Supreme Court · 1889
- Richards v. SniderOregon Supreme Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- D'Amico v. RiedelCalifornia Court of Appeal · 1949
- Bishop v. SpauldingNebraska Supreme Court · 1916