Hicks v. Herring

Cope, J. concurring.

This is an action to recover damages for waste committed upon the real property of the plaintiff, pending an action of forcible entry and detainer brought by him against the defendant. In this latter action, the plaintiff obtained judgment for the restitution of the premises, and for damages prior to its commencement, and also for the rents and profits for the period intermediate the commencement and the trial; but he neither claimed, or attempted to prove any damages for waste committed during that period. The present action is for such waste, which consisted in the…