Martin v. Splivalo
California Supreme Court
Appeal from a judgment for the plaintiffs, and from an order denying new trial, in the County Court of Santa Clara County. Payne, J. The facts are stated in the opinion. After the decision in Department, the respondent filed his petition that the appeal be reheard in Bank, and the application was denied.
1Opinion of the Court
McKee, J.:
This appeal is from the judgment, and an order denying a motion for a new trial, in an action of unlawful detainer.
The action was brought for the restitution of premises which, it was alleged, had been leased by the plaintiff to the defendants, to be held and possessed by them at the will and pleasure of the lessor. There is an averment in the complaint, to the effect that the tenancy was terminated on the 31st day of December, 1878, by giving notice to the tenants in the manner prescribed by § 1162 of the Code of .Civil Procedure, as required by § 789 of the Civil Code; but there…
2Cases cited1 opinion
- King v. ConnollyCalifornia Supreme Court · 1875
3Cited by12 opinions
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- Boucher v. St. GeorgeMontana Supreme Court · 1930
- Universal Milk Co. v. WoodCalifornia Supreme Court · 1928
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