Voll v. Hollis

Citations

• 60 Cal. 569
• 1882 Cal. LEXIS 507

Syllabus

<p>New Trial—Dismissal of Motion—Order Denying Motion—Practice.— After a notice of intention to move for a new trial had been filed and a statement duly prepared and certified and filed, the Court made an order dismissing the motion for want of prosecution.</p> <p>Held: The order must be considered as an order denying the motion; and the case is properly here on appeal.</p> <p>Forcible Detainer—Unlawful Entry—Good Faith—Evidence.—In an action for forcible detainer, evidence is not admissible, on the part of the defendant, to show that the entry was made in good faith and under claim and color of title. Under the Code, all entries on the actual possession of another are unlawful, and the question of good or bad faith, on the part of the defendant, no longer affects the right of the recovery.</p> <p>Id.—Id.—Id.—Id.—Cases Distinguished.—Thompson v. Smith, 28 Cal. 532; Shelby v. Houston, 38 Id. 422, have no application under the provisions of the Code of Civil Procedure.</p> <p>Forcible Entry and Detainer—Evidence.—On the trial of an action for forcible entry and detainer, a witness for the plaintiff was asked the question: “ State if anything occurred with reference to that crowd of people there, with reference to the Mayor’s going on the ground and ordering them to stop ? ” and the Court excluded the question.</p> <p>Held: The question should have been allowed. It related to the circumstances of the entry, and was asked to show that it was forcible.</p> <p>Id.—Id.—The court also ruled out the following questions to a witness of the defendant: “During that time, there was a litigation pending in regard to this property between you and Mr. Voll?” “Was there not a suit brought by yourself in the Twelfth District Court to quiet title, in which you set up this very possession against Mr. Voll?”</p> <p>Held: The questions were proper. They had reference to the relations between the witness and the plaintiff Voll, and were asked to show a state of feeling by witness towards