Legal Opinion

Owen v. Herzihoff

California Court of Appeal

Decided January 8, 1906No. Civ. Nos. 132, 141PublishedCited by 15 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County, and from an order refusing to direct a satisfaction of the judgment. N. P. Conrey, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtAllen, J.

The first appeal is from a judgment for plaintiffs in forcible detainer, from which defendant appeals. The second is an appeal by defendant from a judgment denying a motion for an order directing satisfaction of the first judgment upon payment of the amount of rent found due, together with costs.

The record on the first appeal (Civil No. 132) shows that the tenancy was one from month to month, with rent payable monthly in advance; that demand was made on August 1st for the rent of that month, which was refused, and thereafter, on August 17th, demand in writing for the amount of the rent, with…

2Cases cited2 opinions

  1. Stoppelkamp v. MangeotCalifornia Supreme Court · 1871
  2. Corson v. BersonCalifornia Supreme Court · 1890

3Cited by15 opinions

  1. Swift & Co. v. Hocking Valley Railway Co.Supreme Court of the United States · 1917
  2. Valdez v. Taylor Automobile Co.California Court of Appeal · 1954
  3. Tynan v. KSTP, INC.Supreme Court of Minnesota · 1956
  4. Highland Plastics, Inc. v. EndersAppellate Division of the Superior Court of California · 1980
  5. Warburton v. KieferleCalifornia Court of Appeal · 1955

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