City of San Jose v. Shaw
California Supreme Court
City of San Jose v. Shaw, 45 Cal. 178 (Cal. 1872)
City of San Jose v. Shaw
Opinion of the Court
It does not appear that the defendant was a bona fide settler upon the demanded premises. In his answer he alleged only that he had been for fifteen years last past in the exclusive possession and actual occupation thereof, without any allegation that he had resided thereon. He was, therefore, not within the provisions of the Act of April 2d, 1866 (Acts 1865-6, p. 772).
The record shows that the cause was submitted in Court, and there was, therefore, no error in hearing argument at chambers, and thereupon deciding the case.
Judgment and order affirmed. -
Reference
- Full Case Name
- CITY OF SAN JOSE v. SHAW
- Status
- Published
- Syllabus
- Bona Fide Settler.—A party who claims the benefit of the Act of April 2d, 1866, staying proceedings in actions for the recovery of land embraced within the exterior limits of unsurveyed Mexican or Spanish grants, must show that he was a bona fide settler upon the demanded premises, dwelling thereon. Argument at Chambers.—After a cause has been submitted in the Court, it is not error to hear argument at chambers, and thereupon to decide the case. Findings.—It is not error to refuse to file written findings when no request therefor was entered in the minutes of the Court at the time of the submission of the cause, although the attorney verbally requested that written findings be filed.