Miller v. Fulton
Cases that cite this one
6 later published cases cite this decision.
- McCall v. Superior Court (Cal. 1934)
- Wade v. Howe (Cal. Ct. App. 1934)
- Mayer v. West (Cal. Ct. App. 1928)
- Swanston v. Clark (Cal. 1908)
- Ming v. Foote (Mont. 1890)
- De Arguello v. Bours (Cal. 1885)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
It is well settled that an equitable defense interposed in an action of ejectment should contain in substance the elements of a bill in equity, and that its sufficiency, other than as to mere form, is to be determined by the application of the rules of pleading observed in courts of equity, when relief is sought there. (Bruck v. Tucker, 42 Cal. 352, and cases there cited.) Tested by this rule the equitable defense attempted here amounts to nothing.
Judgment and order denying new trial affirmed—remittitur forthwith.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.