Hussman v. Wilke
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Ejectment to recover possession of a lot of land at the northeast corner of Guerrero and Eighteenth streets, city and county of San Francisco.
Read the full summary
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Ejectment to recover possession of a lot of land at the northeast corner of Guerrero and Eighteenth streets, city and county of San Francisco. The suit was commenced November 10, 1869. The lease of Rix to Wilke was a written contract by which Rix agreed to let Wilke have possession of the land for one month, and Wilke agreed to take and hold such possession under Rix as his landlord, and pay therefor a rent of one dollar. It was signed by both of them. The plaintiff appealed. The other facts are…
1Opinion of the Court
By the Court, Wallace, C. J.:
This is an action of ejectment. The plaintiff was non-suited at the trial, and the appeal is taken from the judgment and an order subsequently entered denying the plaintiff a new trial.
1. The action was brought in 1869, and Hayes, the landlord of the defendant Wilke, was joined with the latter as a defendant in the action. Hayes, among other defenses, pleaded the general issue, and there being no proof that at the time of the commencement of the action he was in pos- . session of any part of the premises sued for, the nonsuit was proper as to him.
2. As to the…
2Cases cited1 opinion
- Smith v. MoynihanCalifornia Supreme Court · 1872
3Cited by13 opinions
- Robinson v. MoseleySupreme Court of Alabama · 1890
- Greve v. Echo Oil CompanyCalifornia Court of Appeal · 1908
- Garrett v. EllisonUtah Supreme Court · 1937
- Gammon v. Ealey & ThompsonCalifornia Court of Appeal · 1929
- Central Coal & Coke Co. v. George S. Good & Co.Court of Appeals for the Eighth Circuit · 1903
8 more not listed; retrieve them via the Exa API.