Bowers v. Bob
California Supreme Court
Appeal from the County Court, City and County of San Francisco. The original case of Bowers v. Cherokee Bob, out of which this appeal grew, is reported in 45 Cal. 496. The defendant in that case (Knight) was the appellant here; and Blumenberg, Mendheim, Waugenheim, and Knack were the respondents.
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Appeal from the County Court, City and County of San Francisco. The original case of Bowers v. Cherokee Bob, out of which this appeal grew, is reported in 45 Cal. 496. The defendant in that case (Knight) was the appellant here; and Blumenberg, Mendheim, Waugenheim, and Knack were the respondents. The plaintiff Bowers in the original case made an affidavit, used on the hearing of the motion in this case, which tended to show that during the pendency of the motion for a new trial the defendants consented that a writ of restitution should issue, and that he obtained one and placed it in the…
1Opinion of the Court
By the Court, Belcher, J.:
The plaintiff obtained a judgment against the defendants in an action of forcible entry and detainer, which was subsequently reversed. While the action was pending on appeal in this Court, the respondents, Blumenberg, Mendheim, Wangenheim, and Knack, who claimed to own the property as against both plaintiff and defendants, finding one Farley, an employé of the defendant Knight, in possession, purchased whatever fight of possession he had, and thereupon themselves took possession.
On the 12th of January, 1871, the remittitur from this Court having been filed in the…
2Cases cited1 opinion
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