Wright v. Tate

SCHOTTKY, J. Plaintiffs commenced an action against defendants for damages and to enjoin defendants from committing further acts of trespass. The complaint alleged that plaintiffs were the owners in fee simple of certain real property in Calaveras County, except as to minerals and mineral rights in one 160-acre parcel thereof. The complaint alleged further that the defendants committed various acts of trespass, including the removal of a fence and the opening of gates, thereby permitting livestock owned by plaintiffs to escape.

Defendants, then represented by counsel, filed a general demurrer to the complaint, which was overruled. Defendants then filed in propria persona an answer and cross-complaint. The answer denied all of the material allegations of plaintiffs’ complaint. The cross-complaint alleged ownership in defendants of the 160-acre parcel of the property which is described in plaintiffs’ complaint; further alleged that plain[361]tiffs have caused this property to be grazed and depastured; and prayed for damages against plaintiffs and an injunction against them, prohibiting their use of property claimed by defendants. Plaintiffs filed an answer denying the allegations of the cross-complaint except for an admission to the effect that defendants were the owners of minerals and mineral deposits in and to the 160-acre parcel.

The action was tried before the court, sitting without a jury, plaintiffs being represented by counsel and defendants appearing in propria persona. The trial court found that the plaintiffs were the owners of the property as described by them in their complaint, subject to the right of the defendants to use trees and timbers from the 160-acre parcel in their mining operations; that the defendants had committed certain acts of trespass, as alleged in plaintiffs’ complaint; that they would continue them unless restrained by the court; and that the plaintiffs were entitled to damages in the amount of $625.

Judgment was entered in favor of plaintiffs, in accordance with these findings, awarding such damages and enjoining defendants from disturbing the possession of plaintiffs in and to the property.

Defendants have appealed from the judgment and appellant Pahl has filed an opening brief and a closing brief in propria persona, it being stated in the opening brief that appellant Tate died after the filing of the appeal. Both the opening and closing briefs of appellants appear to be based upon a complete misconception of the applicable law and are devoted principally to abuse of respondents, their relatives, their attorneys and courts and public officials generally. The language of the briefs is so intemperate that if they were filed bv a member of the bar they would be stricken from the files.