Mahon v. San Rafael Turnpike Rd. Co.

Citations

• 49 Cal. 269

Syllabus

<p>Ejectment to Recover a Toll-Road.—Ejectment lies to recover the possession of land occupied as a toll-road when the action is brought to recover the land itself and not the right of way over it.</p> <p>Wheat Amounts to a Disseizin.—If the owner of land used and occupied by another as a toll-road is excluded from the same unless he pays toll and then is allowed to use it only for the purpose of passing over it, the exclusion is a disseizin.</p> <p>Implied Findings.—In an action tried before the codes went into effect, if the plaintiff recovered judgment and the defendant pleaded the Statute of Limitations, and there was no finding on that issue, a finding, is implied against the defendant, and if he moves for a new trial he must specify, in his statement, wherein he claims the evidence was insufficient to sustain this implied finding.</p> <p>Suing a Company by a Wrong Name.—If a company is sued by a wrong name, but answers by its true name, and judgment is rendered against it by its true name, the judgment is not void, and the Supreme Oourt, on appeal, in affirming the judgment, will direct the Court below to substitute the true name in the complaint.</p>