Hinkel v. Donohue
Citations
- 88 Cal. 597
- 26 P. 374
- 1891 Cal. LEXIS 742
Syllabus
<p>Ejectment — Dismissal. — The plaintiff in an action of ejectment has a right to dismiss the action as to any of the defendants who have not been served with summons, or who have not appeared and set up an adverse claim.</p> <p>Id.—Appeal — Service of Notice—Co-defendants not Appealing — Adverse Parties. — Where, in an action of ejectment against several defendants, the plaintiff filed a dismissal of the action before the service of summons or appearance of any of the defendants, and afterwards two of the defendants filed an answer and cross-complaint, asking affirmative relief, and thereafter, upon motion of the plaintiff, the action was dismissed by the court, from which judgment of dismissal the cross-complainants appeal, the other defendants not appealing are not adverse parties within the meaning of section 940 of the Code of Civil Procedure, and the notice of appeal need not be served upon them.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stressing that a trial court’s finding of a substantial likelihood of success on the merits is not the determining factor in balancing the relative equities of the parties and that it also is not the same as a showing of ultimate success on the merits
- “main purpose of an interlocutory injunction is to preserve the status quo temporarily to allow the parties and the court time to try the case in an orderly manner”
- “main purpose of an interlocutory injunction is to preserve the status quo temporarily to allow the parties and the court time to try the case in an orderly manner”
- dispute involving water and sewer services in annexed area
- dispute involving water and sewer services in annexed area
- discussing standard for interlocutory injunctions
Source: CourtListener parenthetical corpus (CC0).
Judges: McFarland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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