· 7/1/1856

Mitchell v. Hagood

Citations

  • 6 Cal. 148

Syllabus

<p>The writ of restitution obtained in an action of forcible entry and detainer, does not determine either the right of property or the right of possession, and constitutes no defence to an action of ejectment.</p> <p>The fact that the parties in possession of a gold mine are foreigners, and have obtained a license, affords no apology for trespassers. The State alone can enforce the law prohibiting foreigners from working in the mines without a license.</p>

Judges: Heydenfeldt

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