Quandt v. Smith

Tlie opinion of the court was delivered by

White, J.

— This action was instituted by the respondents to obtain restitution of the premises described in the complaint, and damages for the unlawful detention thereof. The proceedings are under an act entitled “An act defining forcible entry, forcible detainer, and unlawful detainer of real property, and providing remedies therefor by summary proceedings.” Laws 1891, p 179; Bal. Code, §§ 5525-5552, inclusive. The second paragraph of the complaint is as follows:

“That heretofore, towit: on or about August 6, 1901, said plaintiffs leased to' said…