Quinn v. Kenyon
California Supreme Court
Appeal from the County Court of San Joaquin County. This was an action of forcible entry and detainer, brought in a Justice’s Court in San Joaquin County. In that Court the defendant moved to dismiss, on the ground that plaintiff could not maintain a civil action, and supported the motion with proof that he (plaintiff) had been recently convicted of the crime of perjury, and was then under a sentence of imprisonment therefor for two years in the State Prison.
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Appeal from the County Court of San Joaquin County. This was an action of forcible entry and detainer, brought in a Justice’s Court in San Joaquin County. In that Court the defendant moved to dismiss, on the ground that plaintiff could not maintain a civil action, and supported the motion with proof that he (plaintiff) had been recently convicted of the crime of perjury, and was then under a sentence of imprisonment therefor for two years in the State Prison. Plaintiff showed, in opposition, that he had appealed to the Supreme Court from the judgment of conviction, and had been admitted to…
1Opinion of the CourtCrocker, J.
*83This was an action of forcible entry and detainer, brought in a Justice’s Court in San Joaquin County. The plaintiff recovered judgment in the Justice’s Court, and the defendants appealed to the County Court, where the action was dismissed; but on motion of the plaintiff a new trial was granted, and the defendant appeals from the order granting the new trial. The judgment in the Justice’s Court was only for twelve dollars damages and twenty dollars fine, besides costs.
This Court has repeatedly decided that the power to grant new trials is one of legal discretion, and the abuse of that…
2Cited by13 opinions
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