Pope v. Dalton

Citations

• 31 Cal. 218

Syllabus

<p>Affidavit for Continuance.—An affidavit for a continuance, on the ground of the absence of material witnesses, should state that the absent witnesses are the only persons by whom the party can prove the same facts. It is not sufficient to state that the party has no other witnesses by whom he expects to prove the same facts.</p> <p>Proof of Possession of Defendant in Ejectment.—When the possession of the defendant is put in issue by the answer in ejectment, his possession at the commencement of the action is a material fact which the plaintiff must prove before he can recover.</p> <p>Estoppel in relation to Possession of Land.—If the plaintiff finds the defendant in possession, and the defendant claims to be in possession, and on the faith of this claim plaintiff soon after sues him to recover possession, the defendant is not estopped from denying on the trial that he was in possession when the suit was commenced.</p>