Randall v. Falkner

Citations

• 41 Cal. 242

Syllabus

<p>Summons in Forcible Entry and Detainer,—The only purpose of a summons is to bring 'the defendant into Court, and if h<3 appears and answers, he waives any defect in the summons.</p> <p>Defense in Unlawful Detainer.—The facts, that the land in dispute is a part of the public domain, that it has been withdrawn from entry and sale, and that the defendant, by the advice of his attorney and the United States land officers, entered upon it for the purpose of securing a prior right <’ to a homestead, and with a bona fide intention to acquire such right as soon as the land might he open to entry, do not justify an entry upon the actual occupancy of another, and are no defense in an action of unlawful detainer.</p> <p>Unlawful Detainer.—If a person enters unlawfully upon land in the possession of another, during his absence, and upon demand being made refuses to restore the possession, he may be proceeded against in an action of unlawful detainer.</p> <p>Taxation of Costs.—A party to an action is entitled to tax, as costs, the fees of witnesses subpoenaed by him in good faith, although they were not sworn on the trial.</p>