Hoffman v. Felt

Decided October 23, 1867

California Supreme Court · decided 1867-10-23

<p>Ejectment. — It is not Error to Nonsuit a Plaintiff in ejectment upon the opening statement of his counsel, where, according to such statement, the plaintiff has neither title nor prior possession.</p>

Decided 1867-10-23

SANDERSON, J.

¶1It 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.

¶2Judgment affirmed.

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