Hoffman v. Felt (1867) · DecisionDepot

Hoffman v. Felt

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

California Supreme Court Oct 23, 1867 No. No. 1317Published

Before: Currey, Rhodes, Sanderson, Shatter

AI Brief

AI-generated · verify before citing

Holding. The court held that a nonsuit is appropriate when a plaintiff's opening statement fails to establish the necessary title or prior possession required to maintain an action in ejectment.

Issues

Whether a trial court may nonsuit plaintiffs based on their counsel's opening statement.
Whether plaintiffs can recover in ejectment without title or prior possession.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“It was not error to nonsuit the plaintiffs upon the opening statement of their counsel.”

“The plaintiffs cannot recover in ejectment without title, or prior possession, which is evidence of title.”

Synopsis

APPEAL from Fourteenth Judicial District, Placer County.

Action of ejectment.

SANDERSON, J. It was not error to nonsuit the plaintiffs upon the opening statement of their counsel. The plaintiffs cannot recover in ejectment without title, or prior possession, which is evidence of title. According to the statement of counsel the plaintiffs have neither. What other remedy they may have is not involved in this case.

Judgment affirmed.

We concur: Shatter, J.; Rhodes, J.; Currey, C. J.

Hoffman v. Felt

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief