Summary
In Stoppelkamp v. Mangeot (1871), 42 Cal. 316, 322, the court, considering a statute now embodied in section 827, Civil Code, providing for change of the terms of a tenancy "from month to month," said: "Unless a lease for a specified period of time, as one month, is the same identical thing in law as a lease for an indefinite period of time with rent payable monthly, or a lease from month to month, the provisions of section six do not apply to the former.
Summary of this case from PALMER v. ZEISOpinion
[Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] [Syllabus Material] 42 Cal. 316 at 325.
Original Opinion of October 1871, Reported at: 42 Cal. 316.
JUDGES: Wallace, J.
OPINION
WALLACE, J.
[The foregoing opinion was delivered at the April Term, 1869, at which time Mr. Chief Justice Sawyer and Mr. Justice Sanderson were members of the Court. A rehearing was granted, and the following opinion was delivered at the October Term, 1871:]
By the Court, Wallace, J.:
Ordered, that the judgment heretofore rendered in this case, directing a modification of the judgment of the Court below, be and the same is hereby set aside; and it is further ordered that the judgment of the Court below be and the same is hereby reversed, and the cause remanded for a new trial; the opinion heretofore filed herein to stand as the opinion of the Court, except as much thereof as authorizes a modification of said judgment.