de McKinlay v. Tuttle
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Cruz. This was an action of ejectment, commenced February 12th, 1866, to recover possession of the Rancho “ Los Corralitos,” in Santa Cruz County.
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Appeal from the District Court of the Third Judicial District, County of Santa Cruz. This was an action of ejectment, commenced February 12th, 1866, to recover possession of the Rancho “ Los Corralitos,” in Santa Cruz County. The complaint did not aver any damages, and named sixty-seven defendants, and averred that the true names of twenty-eight of them, sued as John Doe, Richard Roe, and others, were unknown to plaintiffs, and prayed that, when ascertained, they might be inserted with proper and apt words to charge them and each of them. On January 7th, 1868, Guadalupe Castro, Simeon Castro,…
1Opinion of the Court
By the Court, Erodes, J. :
The appeal is taken by defendants Guadalupe Castro, Simeon Castro, and Joaquin Castro, and they appeal from the judgment alone. The record in this Court consists of the complaint, summons, Sheriff’s return of service, answer of the above named defendants, and the judgment.
The judgment for damages is clearly erroneous, for no damages are alleged in the complaint.
The defendants—the Castros—are not named in the complaint, summons, or Sheriff’s return, but long prior to the rendition of the judgment, they filed their answer, and it is recited in the judgment that they…
2Cases cited2 opinions
- Hahn v. KellyCalifornia Supreme Court · 1868
- McKinley v. TuttleCalifornia Supreme Court · 1867
3Cited by27 opinions
- Estate of BairdCalifornia Supreme Court · 1924
- Westfall v. WaitIndiana Supreme Court · 1905
- Eichhoff v. EichhoffCalifornia Supreme Court · 1895
- Headley v. ChallissSupreme Court of Kansas · 1875
- Tyrrell v. BaldwinCalifornia Supreme Court · 1885
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