O'Callaghan v. Booth & Deal
California Supreme Court
Appeal from the County Court of Sacramento County. This was an. action of forcible entry and unlawful detainer, commenced in a Justice’s Court and appealed to the County Court. The complaint avers the value of the monthly rent of the lot to be $400, and prays generally for treble damages, but does not refer to the statute. On the first trial before the County Court, the jury found a verdict for the defendants.
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Appeal from the County Court of Sacramento County. This was an. action of forcible entry and unlawful detainer, commenced in a Justice’s Court and appealed to the County Court. The complaint avers the value of the monthly rent of the lot to be $400, and prays generally for treble damages, but does not refer to the statute. On the first trial before the County Court, the jury found a verdict for the defendants. On motion of plaintiff, a new trial was granted, on which the jury found for the plaintiff, and assessed the damages, which were trebled by the Court, making the sum of $12,150.…
1Opinion of the CourtChief Justice Murray
Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.
This was an action of “ forcible entry and unlawful detainer,” instituted before a justice of the peace, and afterwards carried by appeal to the County Court. On the trial before the justice a judgment was rendered for restitution of the premises and $285 damages. After many delays, etc., the County Court rendered judgment for restitution and $12,150 damages.
The first error assigned is, that the plaintiff’s possession of the property in dispute was insufficient to maintain this action.
It would be extremely difficult to define the exact…
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- Ex Parte LueningCalifornia Court of Appeal · 1906
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