Hestres v. Brennan
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. This was an action of ejectment to recover possession of the south half of Section Six and the north half of Section Seven in Township Two North, Range Eight East, Mount Diablo Meridian, San Joaquin County.
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Appeal from the District Court, Fifth Judicial District, San Joaquin County. This was an action of ejectment to recover possession of the south half of Section Six and the north half of Section Seven in Township Two North, Range Eight East, Mount Diablo Meridian, San Joaquin County. The complaint was filed April 7th, 1862. The defendants, when the trial commenced, moved the Court, on an affidavit that Lareo had become the owner of the property, to substitute Nicholas Larco as a plaintiff' in place of Hestres. The Court denied the motion. The case was called for trial on the 19th day of…
1Opinion of the Court
By the Court, Sanderson, J. :
The Court below did not err in denying the defendants’ motion to substitute Barco as plaintiff, upon the ground that since the commencement of the action he had succeeded to the plaintiff's title. If so, the substitution was a matter which did not concern the defendants, but the plaintiff and Barco. The sixteenth section of the Practice Act, so far as it relates to the substitution of another in the place of the plaintiff, in case of a transfer of the cause of action, is to be set in motion by the plaintiff or his vendee. As against the defendant, a plaintiff has…
2Cases cited5 opinions
- Megerle v. AsheCalifornia Supreme Court · 1867
- Moss v. ShearCalifornia Supreme Court · 1866
- Yount v. HowellCalifornia Supreme Court · 1859
- Barstow v. NewmanCalifornia Supreme Court · 1867
- Owen v. FowlerCalifornia Supreme Court · 1864
3Cited by8 opinions
- Miller v. LucoCalifornia Supreme Court · 1889
- Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1899
- Harris v. SeidellCalifornia Court of Appeal · 1934
- Wainwright v. WeskeCalifornia Supreme Court · 1889
- Sauer v. MeyerCalifornia Supreme Court · 1890
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