Palmer v. Cook

California Supreme Court

Palmer v. Cook

1 Cal. Unrep. 25

CourtCalifornia Supreme Court

DecidedMay 12, 1856

DocketNo. 1047

StatusPublished

This text of 1 Cal. Unrep. 25 (Palmer v. Cook) 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

Palmer v. Cook, 1 Cal. Unrep. 25 (Cal. 1856).

Pincite

Opinion

MURRAY, C. J.

— This was an action of ejectment or possessory action under the statute. On the trial of the cause the court below found that the plaintiff was not in possession of the premises sued for at the time of the commencement of his action, and therefore not entitled to recover. According to our recollection of the law, if he had been in possession, he would have had no right, and certainly no necessity, to bring suit.

Judgment reversed and new trial ordered.

I concur: Terry, J.

Free access — add to your briefcase to read the full text and ask questions with AI

MURRAY, C. J.

— This was an action of ejectment or possessory action under the statute. On the trial of the cause the court below found that the plaintiff was not in possession of the premises sued for at the time of the commencement of his action, and therefore not entitled to recover. According to our recollection of the law, if he had been in possession, he would have had no right, and certainly no necessity, to bring suit.

Judgment reversed and new trial ordered.

I concur: Terry, J.

Cite This Page — Counsel Stack

Bluebook (online)

1 Cal. Unrep. 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-cook-cal-1856.