Stevens v. Quirk

60 Cal. 161, 1882 Cal. LEXIS 423
CourtCalifornia Supreme Court
DecidedMarch 9, 1882
DocketNo. 7040
StatusPublished

This text of 60 Cal. 161 (Stevens v. Quirk) 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
Stevens v. Quirk, 60 Cal. 161, 1882 Cal. LEXIS 423 (Cal. 1882).

Opinion

The Court:

For the reasons given by Department Two in its opinion in this case, filed November 8,1881, the judgment and order are affirmed.

The following is the opinion of Department Two referred to:

The plaintiff’s right to recover in this action depended upon the question of his prior possession, and upon that question . the Court found against him. There is some conflict in the testimony upon the point, but we do not think that the evidence by the plaintiff established a case of prior possession upon which he could recover in this action.

We are unable to find any evidence to sustain the finding that the defendant entered as a preemptioner. But it is quite immaterial whether he did or not.

Judgment and order affirmed.

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Bluebook (online)
60 Cal. 161, 1882 Cal. LEXIS 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevens-v-quirk-cal-1882.