Lawrence v. Ballou

Citations

• 50 Cal. 258
• 1875 Cal. LEXIS 139

Syllabus

<p>Making an Additional Pabtt a Defendant.—If the plaintiff moves on the 19th of April for an order to bring in an additional party as a defendant, and the order is made, and on the 13th of May stipulates that such party may file an answer nunc pro tune, as of the 19th of April, the plaintiff is estopped from saying that such defendant was not a party, and in court from the 19th of April.</p> <p>When Foreign Cobfobation mat belt on Statute of Limitations.—If a foreign corporation has a managing agent in this State who exercises his authority openly as such, without fraudulent concealment, it may be sued in the courts of this State, and service of process made personally upon such managing agent; and if the agent, as such, has held and possessed land for the company for five years, the corporation may claim the benefit of the Statute of Limitations.</p> <p>Statute of Limitations as to Realtt.—In ejectment, a party who is brought in on motion of the plaintiff, as an additional defendant, after the suit has been pending a long time, may claim the benefit of the Statute of Limitations up to the day he is made a party.</p> <p>Effect of Averments in Complaint in Ejectment.—If the plaintiff, in his complaint in ejectment, alleges that the defendant is present and in the actual occupation of the demanded premises, he cannot afterwards be heard to say that the defendant was not present and in occupation, but was out of the State, when the defendant relies upon his presence and occupation as constituting an adverse possession, and as entitling him to the benefit of the Statute of Limitations.</p> <p>Erroneous Judgment.—A judgment rendered against a party who is brought in by motion as a defendant after the trial is concluded is erroneous as to such party.</p> <p>Possession of Land by an Agent.—If, in ejectment, a-corporation and its managing agent are both made defendants, and the court finds that the corporation is and has been in possession of the demanded premises by its a