Rough v. Simmons

California Supreme Court

Rough v. Simmons

3 P. 804, 65 Cal. 227, 1884 Cal. LEXIS 495

CourtCalifornia Supreme Court

DecidedMay 9, 1884

DocketNo. 9,117

StatusPublished

Cited by21 cases

This text of 3 P. 804 (Rough v. Simmons) 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

Rough v. Simmons, 3 P. 804, 65 Cal. 227, 1884 Cal. LEXIS 495 (Cal. 1884).

Pincite

Opinion

The Court.

The complaint alleges that plaintiff is the owner and in possession of the easterly 11 42-100 acres of the Colonel Limberger Placer Mine, and that defendant claims an estate or interest therein adverse to the plaintiff, which claim is without right, and that defendant has no estate, right, title, or interest in the said 11 42-100 acres, etc. A general demurrer to the complaint was sustained by the Superior Court. This was error.

Judgment reversed and cause remanded, with direction to the court below to overrule the defendant’s demurrer to the complaint.

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The Court.

The complaint alleges that plaintiff is the owner and in possession of the easterly 11 42-100 acres of the Colonel Limberger Placer Mine, and that defendant claims an estate or interest therein adverse to the plaintiff, which claim is without right, and that defendant has no estate, right, title, or interest in the said 11 42-100 acres, etc. A general demurrer to the complaint was sustained by the Superior Court. This was error.

Judgment reversed and cause remanded, with direction to the court below to overrule the defendant’s demurrer to the complaint.

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Bluebook (online)

3 P. 804, 65 Cal. 227, 1884 Cal. LEXIS 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rough-v-simmons-cal-1884.

Opinion

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