Legal Opinion

Rourke v. McNally

California Supreme Court

Decided May 16, 1893No. 14964PublishedCited by 7 opinions

Appeal from a judgment of the Superior Court of San Benito County. The facts are stated in the opinion.

1Opinion of the Court

Temple, C.

This appeal is by plaintiff upon the judgment-roll, and appellant contends that judgment should have been fir plaintiff upon the findings.

Suit was brought to recover the possession of land, and it was tried without a jury. The court found that plaintiff on tlie fifteenth day of August, 1891, was, and long prior thereto had been, in the actual possession of the demanded premises; that plaintiff entered in the occupation of the same March 20,

1890, and enclosed the land with a wire and brush fence, which with natural harriers excluded and enclosed stock; that plaintiff did not reside…

2Cases cited6 opinions

  1. Atherton v. FowlerSupreme Court of the United States · 1878
  2. Goodwin v. McCabeCalifornia Supreme Court · 1888
  3. Bullock v. RouseCalifornia Supreme Court · 1889
  4. McBrown v. MorrisCalifornia Supreme Court · 1881
  5. Durand v. MartinSupreme Court of the United States · 1887

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Cosmos Exploration Co. v. Gray Eagle Oil Co.Court of Appeals for the Ninth Circuit · 1901
  2. Nash v. McNamaraNevada Supreme Court · 1908
  3. Brown v. KillabrewNevada Supreme Court · 1893
  4. Switzler v. EarnheartOregon Supreme Court · 1911
  5. Bradford v. DanielsenDistrict Court, D. Alaska · 1947

2 more not listed; retrieve them via the Exa API.

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