Miller v. Fulton
HENRI MILLER v. JOHN J. FULTON
- Area
- civil
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
By the Court:
It is well settled that an equitable defense interposed in an action of ejectment should contain in substance the elements of a bill in equity, and that its sufficiency, other than as to mere form, is to be determined by the application of the rules of pleading observed in courts of equity, when relief is sought there. (Bruck v. Tucker, 42 Cal. 352, and cases there cited.) Tested by this rule the equitable defense attempted here amounts to nothing.
Judgment and order denying new trial affirmed—remittitur forthwith.
Cites, in this corpus
- Bruck v. Tucker No. 1,648 · 1871-10-15
Cited by
- Wade v. Howe Civ. No. 5129 · 1934-11-26
- McCall v. Superior Court L. A. 14531 · 1934-10-01
- Mayer v. West Docket No. 6284. · 1928-12-28
- Swanston v. Clark Sac. No. 1505. · 1908-03-28
- De Arguello v. Bours No. 8014 · 1885-09-21