California Supreme Court, 1876

Mahoney v. Alviso

California Supreme Court · Decided July 1, 1876

51 Cal. 440; 1876 Cal. LEXIS 76

Cases that cite this one

1 later published case cites this decision.

State v. Royal Mineral Ass'n (Minn. 1916)

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

By the Court:

It should have been stated in the complaint, if such were the fact, that the rents in controversy accrued subsequently *442to the entry of the decree in partition, for it is upon this proposition, in the main, that the right of the plaintiffs to those rents would rest. There is no such averment found in the complaint in direct terms; nor do its allegations, fairly construed, amount to such an averment.

Judgment affirmed.

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