Engels v. Lubeck
California Supreme Court
Appeal from the Seventh Judicial District. This was an action of ejectment, brought by Engels & Hooper, against Charles W. Lubeck, to recover certain lands, known on the map of the City of Sonoma, as lots No. 585 and 581, and other lands, alleged to be the property of the plaintiffs, Defendant filed a general answer of denial.
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Appeal from the Seventh Judicial District. This was an action of ejectment, brought by Engels & Hooper, against Charles W. Lubeck, to recover certain lands, known on the map of the City of Sonoma, as lots No. 585 and 581, and other lands, alleged to be the property of the plaintiffs, Defendant filed a general answer of denial. On the trial, the defendant moved for a stay of proceedings in the case, on the ground that there was another suit about the same subject matter, then pending in the Fourth Judicial District Court, commenced by the defendants against the plaintiffs, prior to the…
1Opinion of the CourtJustice Heydeneeldt
Mr. Ch. J, Murray concurred.
This appeal is brought from the Seventh Judicial District,
Upon the trial, the appellant moved for a stay of proceedings, upon the ground that he had commenced a suit in the Fourth District, involving the same matter in controversy in this suit, and had obtained an injunction against the plaintiffs, restraining them from disturbing his possession of the land in question. The record of the ease, in the Fourth District, was presented to the Court in support of the mo*33tion, and it fully sustained the truth of the ground there taken, That the injunction should have…
2Cited by15 opinions
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- Smith v. Walter E. Heller & Co.California Court of Appeal · 1978
- Bagley v. KennedySupreme Court of Georgia · 1890
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