Kennedy v. Lees
California Supreme Court
Appeal from the County Court of Alameda. Forcible entry and detainer for three hundred acres of land. The answer justifies the entry under an execution or writ of possession issued out of the Circuit Court of the United States for the District of California, in an action wherein one Clement Boyreau was plaintiff, and Robert Campbell, James Kennedy—plaintiff here—and others, were defendants.
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Appeal from the County Court of Alameda. Forcible entry and detainer for three hundred acres of land. The answer justifies the entry under an execution or writ of possession issued out of the Circuit Court of the United States for the District of California, in an action wherein one Clement Boyreau was plaintiff, and Robert Campbell, James Kennedy—plaintiff here—and others, were defendants. The answer avers that William Kennedy, the other defendant, was living on the land, and holding under James Kennedy at the time the ejectment suit was commenced, judgment rendered, and writ of possession…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
Forcible entry and detainer.
1. We are of the opinion that the Court did not err in its refusal to dismiss the appeal because of the alleged insufficiency of the bond. The statute (Wood’s Dig. 469) regulating appeals from Justices’ Courts in such cases as this, seems to be complete in itself as to the mode of perfecting the appeal, prescribing the rules the Legislature thought necessary upon the subject; and those rules in respect to the bonds, etc., are independent of the general act regulating appeals from the judgment of a Justice. The People v. Harris (9 Cal. 571)…
2Cases cited2 opinions
- People ex rel. Hamilton v. HarrisCalifornia Supreme Court · 1858
- Stark v. BarnesCalifornia Supreme Court · 1854
3Cited by7 opinions
- People v. GonzalezCalifornia Supreme Court · 1996
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- Paul v. ArmstrongNevada Supreme Court · 1865
- Wright v. HurtSupreme Court of Alabama · 1890
- Guardianship of PetersonCalifornia Court of Appeal · 1944
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