Jones v. Shay
California Supreme Court
Appeal from the County Court, City and County of San Francisco. Action of forcible entry and detainer to recover possession of a lot on Mission street, said city and county.
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Appeal from the County Court, City and County of San Francisco. Action of forcible entry and detainer to recover possession of a lot on Mission street, said city and county. On the trial, the plaintiff testified that his brother-in-law bought the lot in controversy, and allowed him to live on it and take care of it for him, and that he had no lease and paid, no rent.’ The counsel for the defendant moved for a non-suit, because the plaintiff had no right to maintain the action. The motion was denied. The case came up on a bill of exceptions, settled July 26, 1875. The plaintiff had judgment…
1Opinion of the Court
By the Court:
The motion for nonsuit was properly denied. The plaintiff’s proof shows that at the time of the forcible entry complained of the plaintiff was in the actual and peaceable possession of the premises in controversy, not merely as the servant of another, but as a tenant at will; and had therefore such a possession as would enable him to maintain the action in his own name. If the proof did not warrant the amount of damages awarded to the plaintiff, the defendant should either have moved for a new trial on that ground or have specified in his bill of exceptions in what particulars…
2Cited by7 opinions
- Travelers Insurance Co. v. MixonCourt of Appeals of Georgia · 1968
- Carteri v. RobertsCalifornia Supreme Court · 1903
- Daluiso v. BooneCalifornia Supreme Court · 1969
- Marquez-Luque v. MarquezCalifornia Court of Appeal · 1987
- Pacific Coast Joint Stock Land Bank v. JonesCalifornia Supreme Court · 1939
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