Legal Opinion

Vance v. Olinger

California Supreme Court

Decided July 1, 1865PublishedCited by 9 opinions

Appeal from the District Court, Seventh Judicial District, Solano County. The facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Sawyer, J.

This is an action for the recovery of land.

The complaint was filed December 29, 1859. The defendant, Olinger, in his answer, alleges that, “on or- about the 2d of March, 1857, the said Robert H. Vance brought an action of ejectment in this Court against this defendant and one John McComb for the same tract or parcel of land now sued for in this action, and to which the said defendants appeared, and this defendant says the former suit so brought by the said plaintiff is still pending in this Court, and has never been determined,” and he prays to be hence dismissed.

The…

2Cases cited1 opinion

  1. Caperton v. SchmidtCalifornia Supreme Court · 1864

3Cited by9 opinions

  1. Marshall v. ShafterCalifornia Supreme Court · 1867
  2. Baker v. Eilers Music Co.California Supreme Court · 1917
  3. Leonard v. FlynnCalifornia Supreme Court · 1891
  4. Scheeline v. MoshierCalifornia Supreme Court · 1916
  5. Larco v. ClementsCalifornia Supreme Court · 1868

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