Burke v. Carruthers
California Supreme Court
Appeal from the County Court, City and County of San Francisco. The following were some of the allegations of the complaint : “ Plaintiff further alleges that, being so, in the peaceable and quiet possession of said described premises, and entitled to the possession of the same, the said defendants, on the 13th day of January, A. D. 1864, with great force and violence, and with a multitude of people, unlawfully, and with force, entered on said described premises, and with…
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Appeal from the County Court, City and County of San Francisco. The following were some of the allegations of the complaint : “ Plaintiff further alleges that, being so, in the peaceable and quiet possession of said described premises, and entitled to the possession of the same, the said defendants, on the 13th day of January, A. D. 1864, with great force and violence, and with a multitude of people, unlawfully, and with force, entered on said described premises, and with force and violence removed, put out, and expelled the said plaintiff from so much of said premises as is described as…
1Opinion of the Court
By the Court, Currey, C. J.:
This is an action of forcible entry and unlawful detainer. The complaint, which was duly verified, set forth by proper allegations the plaintiff’s cause of action. The defendants answered separately. Upon the issue joined the parties proceeded to trial before the Court, and a finding and judgment were rendered in plaintiff’s favor. The appeal is from the judgment, and all that is presented by the record for review arises upon the judgment roll alone. Most of the material allegations of the complaint stand confessed, because the answers fail to controvert them.…
2Cited by3 opinions
- Tobola v. WholetCalifornia Court of Appeal · 1946
- Ramon v. WorshamTexas Commission of Appeals · 1931
- Leete v. Pacific Mill & Mining Co.U.S. Circuit Court for the District of Nevada · 1898