Tewksbury v. O'Connell
California Supreme Court
Appeal from the County Court, Contra Costa County. May 1st, 1861, the plaintiff leased to A. L. Knox and S. S. Drake a tract of land, and house thereon. The lease was in writing, and executed by both parties, and the lessees were to have the premises for seventeen months, and pay therefor the sum of fifty dollars.
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Appeal from the County Court, Contra Costa County. May 1st, 1861, the plaintiff leased to A. L. Knox and S. S. Drake a tract of land, and house thereon. The lease was in writing, and executed by both parties, and the lessees were to have the premises for seventeen months, and pay therefor the sum of fifty dollars. Knox & Drake entered into possession of the premises under the lease, as tenants of plaintiff, and held the same until the first day of November, 1862, when they let the defendant into possession, and left. On the ninth day of November, 1862, plaintiff made demand, in writing, of…
1Opinion of the Court
By the Court, Currey, J.
This is an action arising under the Act concerning forcible entries and unlawful detainers as that Act stood in 1862 and 1863. The Court, before which the cause was tried without a jury, found that the premises were unlawfully held and detained from the plaintiff by the defendant, and that by reason thereof the plaintiff had sustained damage in the sum of one hundred and forty dollars; and in that sum the damages were assessed, and immediately thereupon trebled by the Court. Judgment was then entered for the restitution of the premises and for the damages as trebled.
The…
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