Patterson & Frisbie v. Ely
California Supreme Court
Appeal from the Seventh District. Ejectment by Frisbie and Patterson against Ely and fifty-seven other defendants, for a tract of land in Sonoma county, containing over 15,000 acres, with a prayer for an injunction to restrain waste.
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Appeal from the Seventh District. Ejectment by Frisbie and Patterson against Ely and fifty-seven other defendants, for a tract of land in Sonoma county, containing over 15,000 acres, with a prayer for an injunction to restrain waste. The complaint alleges that on the fourth of August, 1859, the plaintiffs were, and ever since have been and still are the owners in fee simple of the premises, and entitled to the possession of the same; that on the fifth of August, 1859, the defendants wrongfully and unlawfully entered into possession of the premises and have ever since wrongfully and unlawfully…
1Opinion of the Court · FieldField, C. J.
—Baldwin, J. and Cope, J. concurring.
The verification to the complaint complies with the statute, treating the complaint as a pleading in an action of ejectment. (Prac. Act, sec. 55.) A somewhat different form, but amounting in substance to the same thing, is prescribed where an injunction is sought upon the complaint. (Prac. Act, sec. 113.) In the latter case, the affidavit must also state that “ the person making the oath has read the complaint, or heard the complaint read, and knows the contents thereof,” though without the use of these words a knowledge of the contents of a pleading is…
Also in this document: Opinion of the Court · Field.
2Cases cited6 opinions
- Kennett v. ChambersSupreme Court of the United States · 1852
- Featherstonhaugh v. BradshawNew York Supreme Court · 1828
- Foot v. TracyNew York Supreme Court · 1806
- Peters v. FossCalifornia Supreme Court · 1860
- Ainslie v. Mayor of New-YorkNew York Supreme Court · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Smith v. WhittierCalifornia Supreme Court · 1892
- Webster v. WebsterCalifornia Supreme Court · 1932
- Osborn v. City of WhittierCalifornia Court of Appeal · 1951
- Silcox v. LangCalifornia Supreme Court · 1889
- McGuire v. DrewCalifornia Supreme Court · 1890
19 more not listed; retrieve them via the Exa API.