Wood v. Jordan (1899) · DecisionDepot

Wood v. Jordan

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jun 30, 1899 No. S. F. No. 1087Published

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Holding. The court held that a defendant's answer seeking affirmative relief does not preclude a plaintiff from dismissing their action under section 581 of the Code of Civil Procedure.

Issues

Whether a defendant's prayer for affirmative relief in an answer prevents a plaintiff from dismissing the action under section 581 of the Code of Civil Procedure.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“He insists that by his answer he seeks affirmative relief, and that under section 581, subdivision 1, of the Code of Civil Procedure, it was erroneous for the court, under these circumstances, to dismiss the action.”

“But this contention has been definitively settled against him in Moyle v. Porter, 51 Cal. 639.”

Synopsis

Action to Quiet Title—Answer Seeking to Quiet Defendant’s Title—Affirmative Relief—Dismissal by Plaintiff.—In an -action to quiet title, an answer setting up the defendant’s title and praying for a decree establishing it, and enjoining plaintiff from asserting any interest in the land, or interfering with defendant’s possession thereof, does not claim such affirmative relief under subdivision 1 of section 581 of the Code of Civil Procedure, as to preclude a judgment of dismissal of the action at the instance of the plaintiff.

THE COURT. An action was brought by the plaintiff to quiet his title to certain pieces of land in the city and county of San Francisco, plaintiff alleging that he was in possession.

Upon his death his administratrix was substituted in his place. Defendant answered asserting title in himself, denying plaintiff’s right of possession, alleging an ouster by plaintiff of defendant’s possession, and concluding with a prayer for a decree establishing his title and enjoining plaintiff from asserting any [264]claim to the land, or interfering in any manner with the possession thereof. Thereafter plaintiff procured a dismissal of the action, and a judgment of dismissal was duly given. Defendant then moved to vacate the judgment of dismissal, and from the order of the court refusing so to do he prosecutes this appeal.

. He insists that by his answer he seeks affirmative relief, and that under section 581, subdivision 1, of the Code of Civil Procedure, it was erroneous for the court, under these circumstances, to dismiss the action. But this contention has been definitively settled against him in Moyle v. Porter, 51 Cal. 639.

The order appealed from is affirmed.

Wood v. Jordan

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