Frazier v. Lynch
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtHarrison, J.
Action to recover possession of certain land in San Diego County, with damages for the withholding thereof.
The possession of the land by the defendant at the time when the action is commenced is a necessary element of the plaintiff’s right to recover in an action of this nature, and must be alleged in the complaint; and, being an issuable fact, must, if denied in the answer, be established at the trial. Under the common-law system, in which the declaration consisted of only a series of fictions, the tenant was not permitted to defend the action, except upon entering into the “consent rule,”…
2Cases cited6 opinions
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Garner v. MarshallCalifornia Supreme Court · 1858
- Thompson v. SmithCalifornia Supreme Court · 1865
- Owen v. FowlerCalifornia Supreme Court · 1864
- Pope v. DaltonCalifornia Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Linforth v. S.F. Gas and Electric Co.California Supreme Court · 1909
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StarksIndiana Court of Appeals · 1914
- Ostrowski v. MillerCalifornia Court of Appeal · 1964
- Orly v. RussellCalifornia Court of Appeal · 1921
- Wilson v. DicheCalifornia Court of Appeal · 1961
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