gno.law

Hoffman v. Felt

California Supreme Court · No. 1317 · 1867-10-23 · Published · 1 Cal. Unrep. 369

FREDERICK HOFFMAN v. CHARLES FELT

Area
civil
Panel
Silas S. Sanderson (author), Richard W. Rhodes, Brian S. Currey, Shatter

Analysis

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Opinion — Sanderson

SANDERSON, J.

It was not error to nonsuit the plaintiffs upon the opening statement of their counsel. The plaintiffs cannot recover in ejectment without title, or prior possession, which is evidence of title. According to the statement of counsel the plaintiffs have neither. What other remedy they may have is not involved in this case.

Judgment affirmed.

We concur: Shatter, J.; Rhodes, J.; Currey, C. J.