Polack v. Mansfield

Citations

• 44 Cal. 36
• 1872 Cal. LEXIS 149

Syllabus

<p>Against whom Ejectment will Lie.—The general rule is, that ejectment can be maintained only against the real party in possession, although he is not personally on the premises, but may be in possession through servants and employés.</p> <p>Idem.—The general rule is, also, that a mere servant or employé, who does not claim any interest in the premises nor any right to their possession, and only in that manner occupies the premises, cannot be sued in an action of ejectment brought to recover them.</p> <p>Idem.—The above rule presupposes that the employer may be sued, but if a case arises in which the employer is not amenable to an action, the rule cannot be applied, and the employé becomes the proper party defendant.</p> <p>Idem.—An action of ejectment may be brought against an officer of the armies of the United States who is in possession of the demanded premises for the purposes of a military camp or fortification under the direction of the Secretary of War or of the President of the United States.</p>