Legal Opinion

Calderwood v. Pyser

California Supreme Court

Decided July 1, 1866PublishedCited by 16 opinions

Appeal from the County Court, City and County of San Francisco. This action was brought in a Justice’s Court to remove Pyser for holding over after rent fell due, and was afterwards appealed to the County Court. E. Brooks had previously recovered a judgment against-Ross et al. for the possession of the premises.

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Appeal from the County Court, City and County of San Francisco. This action was brought in a Justice’s Court to remove Pyser for holding over after rent fell due, and was afterwards appealed to the County Court. E. Brooks had previously recovered a judgment against-Ross et al. for the possession of the premises. When the suit of Brooks v. Boss was commenced, Oalderwood and wife were in possession of the premises, but before it terminated plaintiff Elizabeth leased to Pyser, who went into possession as her tenant. Pyser was turned out by a writ of restitution issued on the judgment of Brooks…

1Opinion of the Court

By the Court, Sawyer, J.:

Much of the argument of appellant relates to points in no way arising on this record. The appeal is from an order-granting a new trial.

The action is to recover the possession of land leased to the defendant by plaintiff, Elizabeth Calderwood, who was, at the time of the institution of the suit, the wife of the other plaintiff, David Calderwood. The action'^mncerns the separate property of the wife, and she wasimthol^eaBy|section seven of the Practice Act to sue alope,;jpi^ joiV^jth Tter husband. Husband and wife joined iiy ¡¿re írot£p,n, ai^,tliei. properly might, but…

2Cases cited2 opinions

  1. Moss v. ShearCalifornia Supreme Court · 1866
  2. McMinn v. O'ConnorCalifornia Supreme Court · 1865

3Cited by16 opinions

  1. Sichel v. De CarrilloCalifornia Supreme Court · 1871
  2. Calderwood v. PeyserCalifornia Supreme Court · 1871
  3. Clink v. ThurstonCalifornia Supreme Court · 1873
  4. Prince v. LynchCalifornia Supreme Court · 1869
  5. Rossi v. ZappaterraCalifornia Court of Appeal · 1965

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