Watson v. Zimmerman
WATSON v. ZIMMERMAN
- Area
- civil
- Panel
- Lawrence F. Terry (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Terry
The opinion of the Court was delivered by Mr. Justice Terry.
Mr. Chief Justice Murray concurred.
To enable the plaintiff to recover in an action of ejectment founded on prior possession, he must allege and prove an actual ouster by defendants or those under whom he holds. Treadwell v. Paine & Dewey, 5 Cal. R., 9. The complaint in this case contains no such allegation, and under our system of pleadings this is such a defect as cannot be cured by a default taken against defendant through the mistake or inadvertence of his counsel.
The judgment is reversed, with costs, and the cause remanded.