Bowers v. Bob

Citations

• 46 Cal. 279
• 1873 Cal. LEXIS 171

Syllabus

<p>Writ to bb Restored to Possession in Forcible Entry.—If the plaintiff obtains judgment in -an action of forcible entry and detainer, but docs not obtain possession of the properly, and a writ of restitution is not issued, and the judgment is afterwards reversed and the action dismissed, and during tlio pendency of the action third parties obtain possession of the property by collusion with a servant of the defendant, the defendant is not entitled to a writ to be restored, to possession as against these third parties.</p> <p>Idem.—A defendant in forcible entry, against whom judgment is rendered, which is afterwards leversed, but who does not lose possession of the property under or through the judgment, is not entitled to be restored to possession as against third parties who have ousted him during- the pendency of the- action.</p> <p>. Renewal of Motion once Denied.—A moiion made, in the usual course of practice, which has once been denied, may be renewed by leave of the Court; and, unless there is an abuse of discretion in granting this leave, the order will not bo disturbed by the Supreme Court,</p>