City of San Jose v. Shaw
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. -
Case-law data current through December 31, 2025. Source: CourtListener bulk data.