Quinn v. Kenyon

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 bail on said appeal, and that he was now at large, and the appeal still pending. The Justice overruled the motion, and plaintiff had judgment for twelve dollars damages, besides costs and restitution, and a fine of twenty dollars was imposed on defendant.

The latter appealed to the County Court, and there renewed the motion to dismiss which, on the same showing of facts, was granted. Plaintiff moved for a new trial on the ground that the Court had erred in matters of law, to wit: in dismissing the action on the facts shown. After argument, the Court granted the motion and ordered a new trial, from which order the defendant appeals.