McCarthy v. Yale
California Supreme Court
Appeal from, the District Court of the Fourth District, City and County of San Francisco. The facts are stated in the opinion.
1Opinion of the CourtRhodes, C. J.
The complaint is substantially in the form which was approved in Payne & Dewey v. Treadwell (16 Cal. 242.) Since that decision was announced, allegations of the character of those mentioned in that case have been regarded as sufficient to show the title or interest of the plaintiff, and his right to the possession of the real estate, and the entry, ouster and continued withholding by the defendant. Although it is thought by many, that a style of pleading in the action of ejectment, which would show with precision the right or title under which the plaintiff claims tho possession, and the true…
2Cases cited2 opinions
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Brooks v. DouglassCalifornia Supreme Court · 1867
3Cited by3 opinions
- Universal Milk Co. v. WoodCalifornia Supreme Court · 1928
- Joy v. McKayCalifornia Supreme Court · 1886
- Fincher v. MalcolmsonCalifornia Supreme Court · 1892