Garrison v. Sampson
California Supreme Court
Appeal from the Fifteenth District. Complaint averred that plaintiff was “ the owner and entitled to the possession of” the premises, “containing some one hundred and sixty acres, or thereabouts; ” and that defendant “ wrongfully and unlawfully entered upon, took possession of, and ousted ” plaintiff, and still “ wrongfully and unlawfully withholds the possession,” etc. Defendant appeals.
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
This was ejectment for one hundred and sixty acres of land. The complaint is in the usual form, and the answer a general denial. The case was tried by the Court without a jury, and a judgment rendered for the plaintiff. The case made by the plaintiff on the proofs, tended to show a holding over of the premises by the defendant, and proof to this effect was objected to by the defendant, on the ground that such proof was inadmissible under the general allegations of the complaint, and could only be admitted under specific averments of the facts. But we do not think this…
2Cited by8 opinions
- Cramer v. United StatesSupreme Court of the United States · 1923
- Robinson v. Imperial Silver Mining Co.Nevada Supreme Court · 1869
- Polack v. McGrathCalifornia Supreme Court · 1867
- United States v. 10.95 Acres of Land in JuneauDistrict Court, D. Alaska · 1948
- Staininger v. AndrewsNevada Supreme Court · 1868
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