Howard v. Valentine
California Supreme Court
Appeal from the County Court of the City and County of San Francisco. This action was commenced in a Justice’s Court on the seventh day of December, 1860. The complaint avers that on the twenty-eighth day of January, 1858, the plaintiff was the owner of a certain lot in San Francisco, and a building thereon occupied as a fruit store; that defendant John Valentine was then in possession of these premises as plaintiff’s tenant, holding under a verbal lease from month to month,…
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Appeal from the County Court of the City and County of San Francisco. This action was commenced in a Justice’s Court on the seventh day of December, 1860. The complaint avers that on the twenty-eighth day of January, 1858, the plaintiff was the owner of a certain lot in San Francisco, and a building thereon occupied as a fruit store; that defendant John Valentine was then in possession of these premises as plaintiff’s tenant, holding under a verbal lease from month to month, at a monthly rent of thirty-seven dollars and fifty cents, payable in advance, and carrying on the business of selling…
1Opinion of the CourtCope, J.
This is an action under the thirteenth section of the Forcible Entry and Detainer Act. The complaint asks for restitution of the premises, and for back rents, amounting to five hundred dollars. The defendants demur, claiming a want of jurisdiction and a misjoinder of parties. The Court below sustained the demurrer, and dismissed the suit.
We think the action of the Court in this respect was erroneous. Bo far as the jurisdiction is concerned, the objection only extends to a part of the relief asked. Excluding this the objection is removed, and the Court should have directed an amendment, or…
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