Smith v. Shaw

Cope, J. concurring.

This was ejectment for a lot in San Francisco. The case was tried by the Court without a jury. The Court finds the facts to be, that the relation of landlord and tenant existed under a parol demise from month to month, commencing on the first day of each month, at a rent of ten dollars per month, payable in advance; that on the first day of November, 1858, the defendant, then being in possession, denied plaintiff’s title, and refused to pay rent; that on December 23d, 1858, the plaintiff brought suit in a Justice’s Court for the rent due under the lease on November 1st and…