Thompson v. Brannan
California Supreme Court
Appeal from a judgment of the Superior Court of Monterey County, and from an order refusing to strike out the memorandum of costs. The fourth finding was as follows: “That by reason of the wrongful and unlawful entry and detention of said premises by defendants, the plaintiff was deprived to some extent of the use thereof, and of the value of the rents, issues, and profits thereof, and not otherwise.
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Appeal from a judgment of the Superior Court of Monterey County, and from an order refusing to strike out the memorandum of costs. The fourth finding was as follows: “That by reason of the wrongful and unlawful entry and detention of said premises by defendants, the plaintiff was deprived to some extent of the use thereof, and of the value of the rents, issues, and profits thereof, and not otherwise. That by reason of the premises, plaintiff has been damaged and injured by the acts of the defendants as herein-before set forth. The loss of said rents, issues, and profits, in the sum of…
1Opinion of the CourtPaterson, J.
The complaint alleged that while the plaintiff was seised in fee and in the possession of the premises in controversy, defendants jointly and without right entered into possession thereof, and ousted and ejected plaintiff therefrom, and unlawfully withheld the possession thereof from plaintiff to his damage in the sum of three hundred dollars; and the answer denied that the defendants, or any of them, took possession or “ousted or ejected plaintiff therefrom or from any part thereof, or to his damage in any sum whatever.” These allegations and denials made issues as to ouster and damages, and…
2Cases cited3 opinions
- Cunningham v. WarnekeyCalifornia Supreme Court · 1882
- Reed v. AllisonCalifornia Supreme Court · 1882
- Steele v. Board of SupervisorsCalifornia Supreme Court · 1882
3Cited by6 opinions
- Harris v. Minnesota Investment Co.California Court of Appeal · 1928
- Holmes v. AndersonCalifornia Court of Appeal · 1928
- Steensland v. HessIdaho Supreme Court · 1913
- Chicago, Lake Shore & South Bend Railway Co. v. SandersIndiana Court of Appeals · 1917
- Crane v. ForthCalifornia Supreme Court · 1892
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