Pico v. Cuyas

Citations

• 48 Cal. 639

Syllabus

<p>Law of a Cask.—When the Supreme Court has settled the law of a case, the Court below has no right to assume that the law is otherwise than as settled because of statements in affidavits filed in the Court below, that the party in whose favor the law was settled, claims that it is otherwise.</p> <p>Unlawful Detainee.—A party cannot recover possession of premises under the Act allowing an action of unlawful detainer to be brought against a tenant holding over or failing to pay rent, unless the relation of landlord and tenant exists by convention.</p> <p>Pabtnee cannot Maintain Unlawful Detainee against Copaetnee.—If the owner of a hotel leases the same, and then enters into such a partnership with the lessee, as to destroy the lease, he cannot afterwards maintain an action of unlawful detainer against his partner and former tenant.</p> <p>Bevebsal of Judgment in Unlawful Detainee.—If judgment passes against the defendant in unlawful detainer, and the plaintiff is placed in possession of the premises, and the defendant appeals, and the judgment is reversed, the defendant is entitled to be restored to the possession, even if the plaintiff has rented the premises to a tenant.</p>