Legal Opinion

Carmichael v. Campodonico

California Court of Appeal

Decided February 22, 1908No. Civ. No. 398PublishedCited by 2 opinions

The facts are stated in the opinion of the court.

1Opinion of the CourtBurnett, J.

The complaint is in the usual form for an action in ejectment. The denials of the answer present a striking illustration of the “negative pregnant,” but they were treated as putting in issue all the material allegations of the complaint. The affirmative averment upon which defendant relied is as follows: “All the land above mentioned was prior to and up to June, 1905, public land of the United States; that on the 10th day of June, 1905, this defendant entered as a homestead said 160 acres of land in the United States Land Office at Stockton, California; that he now holds the Land Office…

2Cases cited1 opinion

  1. Gragg v. CooperCalifornia Supreme Court · 1907

3Cited by2 opinions

  1. Lytle v. DevlinNevada Supreme Court · 1911
  2. Anderson v. BakerMontana Supreme Court · 1981

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