Reese v. Corcoran
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. Ejectment to recover a lot in San Francisco. The complaint •alleged that the defendants had ousted the plaintiff, and that they were in possession. The answer denied the allegations. The Court rendered judgment for the defendants, and the plaintiff appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court :
The findings in this case are to the effect: First, that the defendants were in possession; second, that they were not in posses•sion of the premises sued for. No judgment could properly be entered upon such a contradiction in the findings.
Judgment and order denying a new trial reversed, and cause remanded for a new trial. Remittitur forthwith.
2Cited by6 opinions
- Learned v. CastleCalifornia Supreme Court · 1889
- Gwin v. GwinIdaho Supreme Court · 1897
- Walley v. Deseret National BankUtah Supreme Court · 1896
- Fanta v. MaddexCalifornia Court of Appeal · 1926
- Bank of Commerce v. BroylesNew Mexico Supreme Court · 1910
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