Triscony v. Brandenstein
California Supreme Court
Appeal from a judgment of the Superior Court of Monterey County. Action to recover damages for a trespass to land. The defendant demurred to the complaint, on the grounds that the action was barred by section 8 of a special trespass law, applicable to Monterey County (Statutes 1878-4, p. 50) ; that the cause of action arose more than sixty days before the action was commenced; and that the complaint did not show that the plaintiff had availed himself of the first seven…
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Appeal from a judgment of the Superior Court of Monterey County. Action to recover damages for a trespass to land. The defendant demurred to the complaint, on the grounds that the action was barred by section 8 of a special trespass law, applicable to Monterey County (Statutes 1878-4, p. 50) ; that the cause of action arose more than sixty days before the action was commenced; and that the complaint did not show that the plaintiff had availed himself of the first seven sections of such act. The further facts are sufficiently stated in the opinion, of the court.
1Opinion of the CourtMcKee, J.
The court below sustained a demurrer to the complaint in this action. Plaintiff declined to amend. A final judgment was thereupon entered, from which he has appealed, and the sole question presented on the appeal is, whether the complaint sufficiently states a cause of action.
The statement of facts in the complaint shows: That the plaintiff, on and prior to the 1st of January, 1881, was the owner, entitled to possession, and in the possession of certain lands, situate in the county of Monterey, on which there was growing and standing a large amount of “ grass, pasturage, and feed,” of the…
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