Miller v. Fulton

California Supreme Court

Miller v. Fulton

47 Cal. 146

CourtCalifornia Supreme Court

DecidedJuly 1, 1873

DocketNo. 3,764

StatusPublished

Cited by7 cases

This text of 47 Cal. 146 (Miller v. Fulton) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Fulton, 47 Cal. 146 (Cal. 1873).

Pincite

Opinion

By the Court:

It is well settled that an equitable defense interposed in an action of ejectment should contain in substance the elements of a bill in equity, and that its sufficiency, other than as to mere form, is to be determined by the application of the rules of pleading observed in courts of equity, when relief is sought there. (Bruck v. Tucker, 42 Cal. 352, and cases there cited.) Tested by this rule the equitable defense attempted here amounts to nothing.

Judgment and order denying new trial affirmed—remittitur forthwith.

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By the Court:

It is well settled that an equitable defense interposed in an action of ejectment should contain in substance the elements of a bill in equity, and that its sufficiency, other than as to mere form, is to be determined by the application of the rules of pleading observed in courts of equity, when relief is sought there. (Bruck v. Tucker, 42 Cal. 352, and cases there cited.) Tested by this rule the equitable defense attempted here amounts to nothing.

Judgment and order denying new trial affirmed—remittitur forthwith.

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Bluebook (online)

47 Cal. 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-fulton-cal-1873.

Opinion

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