Newman v. Duane
Citations
- 89 Cal. 597
- 27 P. 66
- 1891 Cal. LEXIS 861
Syllabus
<p>Quieting Title — Recovery op Real Property—Legal Issues—Jury Trial. — In an action for the recovery of real property, the defendant is entitled to a trial by jury, under section 592 of the Code of Civil Procedure; and conceding that a plaintiff out of possession may bring an action in equity, under section 738 of the Code, of Civil Procedure, to determine an adverse claim against a defendant in possession, yet where the object of the action is to recover possession, and the defendant denies the allegations of the complaint and sets up a title by adverse possession, he cannot be deprived of a jury trial of the issues raised by the answer.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- an arbitration agreement signed by the decedent prior to her death was enforceable in a wrongful death action brought by her beneficiaries
- an arbitration agreement signed by the decedent prior to her death was enforceable in a wrongful death action brought by her beneficiaries
- “[B]ecause wrongful death claims are wholly derivative, all defenses which could have been made against a decedent also bind the beneficiaries when they pursue a wrongful death claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McFarland
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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