Moore v. Morrow
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, Nevada County. The defendant set up in his answer that prior to the commencement of the action the plaintiff had filed his petition in insolvency and asked to be discharged from his debts. During the pendency of this suit plaintiff had obtained his discharge in insolvency, and the Sheriff had been appointed assignee.
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Appeal from the District Court, Fourteenth Judicial District, Nevada County. The defendant set up in his answer that prior to the commencement of the action the plaintiff had filed his petition in insolvency and asked to be discharged from his debts. During the pendency of this suit plaintiff had obtained his discharge in insolvency, and the Sheriff had been appointed assignee. On the trial defendant offered in evidence the judgment roll in the insolvent case, but on objection of plaintiff’s counsel, it was rejected. Plaintiff had judgment and defendant appealed. The other facts are stated in…
1Opinion of the Court
By the Court,
Shafter, J.
This is an action to recover the possession of real estate. The complaint states a case within the Act relating to forcible entry, etc., but by the consent of parties the action was turned into an action of ejectment in the Court below. The appeal is taken from an order overruling defendant’s motion for- a new trial.
First—It is insisted by the appellant that the judgment should be reversed, for the reason that there was no evidence tending to prove that the plaintiff made a written demand upon the defendant to surrender the possession of the premises thirty days before…
2Cited by6 opinions
- Hayden v. CollinsCalifornia Court of Appeal · 1905
- Stanley v. StembridgeSupreme Court of Georgia · 1913
- Gartlan v. C. A. Hooper & Co.California Supreme Court · 1918
- Purtell v. FarrisSupreme Court of Georgia · 1912
- Johnson v. DonaldsonSupreme Court of Rhode Island · 1890
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