Douglas v. Dakin
California Supreme Court
Appeal from the County Court of the City and County of San Francisco. William J. Douglas and Christopher Hutchinson brought this action, on the 22d day of August, 1872, against E. Dakin and J. G. Libbey, for unlawfully holding premises which they had leased from the plaintiffs, after rent fell due and demand had been made for its payment. The defendants, in their answer, deny the allegations of the complaint, and set up several defenses.
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Appeal from the County Court of the City and County of San Francisco. William J. Douglas and Christopher Hutchinson brought this action, on the 22d day of August, 1872, against E. Dakin and J. G. Libbey, for unlawfully holding premises which they had leased from the plaintiffs, after rent fell due and demand had been made for its payment. The defendants, in their answer, deny the allegations of the complaint, and set up several defenses. In their third defense they aver that in November, 1871, while they were in possession of the property in suit as tenants of William J. Douglas and his wife,…
1Opinion of the Court
By the Court:
This appeal being from the judgment, and there being no bill of exceptions or statement on appeal, we cannot consider the motion of plaintiff to strike out portions of the answer, or the motion for judgment, or the rulings or orders made thereon. The case must be determined upon the judgment roll alone.
The demurrer was properly overruled. Prima facie the W. J. Douglas named in the answer was the W. J. Douglas who is plaintiff in this action. The identity of the parties will be presumed from the identity of names.
Whatever may be the value of the fourth subdivision of the answer as…
2Cited by11 opinions
- Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
- Lee v. MurphyCalifornia Supreme Court · 1897
- Rupert v. PennerNebraska Supreme Court · 1892
- Stoddart v. BurgeCalifornia Supreme Court · 1879
- Woolsey v. WilliamsCalifornia Supreme Court · 1900
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