Moyle v. Porter
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Action to quiet the title to a part of block 127 on the Potrero Nuevo, city and county of San Francisco. "When the cause was called for trial, the plaintiff moved to dismiss the action. The court denied the motion. The defendants recovered judgment and the plaintiff appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court:
The “cause of action” set forth in the complaint was that the defendants claimed as estate or interest in the premises of which the plaintiff averred himself to be in the possession, and the “subject of the action was the adverse claim, estate or interest, ” set up_ by the. defendants.
The answer of the defendants did not amount to a counter-claim. It stated the facts essential to a complaint in ejectment against the plaintiff, and demanded that the possession of the premises be awarded to the defendants. This was neither the statement of a cause of action arising out of the…
2Cited by6 opinions
- California Southern Railroad v. Southern Pacific RailroadCalifornia Supreme Court · 1885
- Islais & Salinas Water Co. v. AllenCalifornia Supreme Court · 1901
- Carpenter v. HewelCalifornia Supreme Court · 1885
- Hotchkiss v. HansbergerCalifornia Court of Appeal · 1911
- Odell v. WilsonCalifornia Supreme Court · 1883
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