Barson v. Mulligan

The action is ejectment. The defendant seeks a new trial under section 1525 of the Code of Civil Procedure. The case has been tried twice. A judgment for the plaintiffs on the first trial was reversed on appeal and a new trial ordered, which resulted in a judgment for the plaintiffs awarding them possession of the premises and, as damages, $3,138.31, the value of the use and occupation of the land, $2,450 double damages for wilfully withholding it after notice to quitj and $519.71 costs, making a total of $6,108.02. The jury found the value of the use and occupation of the premises to be $700…