Shaeffer v. Matzen

California Supreme Court

Shaeffer v. Matzen

59 Cal. 652

CourtCalifornia Supreme Court

DecidedNovember 15, 1881

DocketNo. 7,994

StatusPublished

This text of 59 Cal. 652 (Shaeffer v. Matzen) 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

Shaeffer v. Matzen, 59 Cal. 652 (Cal. 1881).

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Opinion

The Court:

The Court erred in refusing to grant a nonsuit in this case. The action was ejectment, and there was no proof of possession by defendant at the commencement of the action. The motion for a nonsuit was made on the ground that there was no such proof, and it should have been granted.

The -finding that the defendant took possession of the land sued for, prior to the commencement of the action, and had ever since held the same, was not sustained by the evidence.

For these errors the judgment and order denying a new trial are reversed, and the cause remanded.

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The Court:

The Court erred in refusing to grant a nonsuit in this case. The action was ejectment, and there was no proof of possession by defendant at the commencement of the action. The motion for a nonsuit was made on the ground that there was no such proof, and it should have been granted.

The -finding that the defendant took possession of the land sued for, prior to the commencement of the action, and had ever since held the same, was not sustained by the evidence.

For these errors the judgment and order denying a new trial are reversed, and the cause remanded.

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Bluebook (online)

59 Cal. 652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaeffer-v-matzen-cal-1881.